PhD research Jolette Derksen: De driehoeksverhouding tussen advocaat, verzekeraar en verzekerde bij aansprakelijkheidsverzekeringen

Duration
2023 until 2027
Project member(s)
J. Derksen (Jolette)
Project type
Research

Jolette Derksen is working on a dissertation with the working title 'De driehoeksverhouding tussen advocaat, verzekeraar en verzekerde bij aansprakelijkheidsverzekeringen'.

That a lawyer assists both the liability insurer and the insured in the defense of a third-party injured party's claim is very common in insurance practice. The insurer and insured have the same interests in many cases, and therefore it is efficient to defend these interests simultaneously. But how should liability insurer, insured and attorney relate to each other when there are opposing interests between liability insurer and insured? For example, because they cannot agree on acknowledging liability to the injured party or because the insured has its own financial interest in the liability issue?
In her PhD research, Jolette Derksen examines the practice in cases of diverging interests between liability insurer and insured after engaging a lawyer. Through literature and empirical research, she provides more clarity on the interests and positions of the three parties and makes recommendations on how to deal with potential conflicts of interest in claims settlement.
 

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