When things go wrong or you feel like you are or could be in trouble, it’s human nature to turn to your family and friends for guidance or assistance.

Similarly, when a business or individual (an insured) receives a claim or demand, civil or criminal proceedings, a government or regulatory notice or other correspondence asserting wrongdoing, their first port of call is often their own solicitor or a solicitor friend who they’ve worked with before.

This approach is fraught with risk — namely an inherent conflict of interest between the insured and their solicitor.

Such a conflict of interest can have significant ramifications, not only for the claims process but also for insurance coverage.

Potential conflicts of interest are something you, the insurance broker, should be alive to from the outset and make sure to raise with the insured.

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