Court Says Insureds Can Choose Own Counsel

NEW YORK - A New York trial court has ordered an insurer to allow its insured to choose its own counsel to defend a mold case, finding that the insurer's disavowal of coverage for punitive damages created a conflict of interest. Public Service Mutual Insurance Co. v. Bleecker Horatio Association, et al., No. 107197/05 (N.Y. Sup., N.Y. Cty.).

New York County Supreme Court Justice Marylin Diamond on Feb. 3 granted a motion by Bleecker Horatio Association that its choice of counsel, Anderson Kill & Olick, be substituted to counsel chosen by Public Service Mutual Insurance Co. to defend a negligence …