The Tripartite Relationship: A guide for insurance defense attorneys

Heather M. Beam | Thompson, Coe, Cousins & Irons, LLP

Heather Beam focuses her practice on complex design and construction litigation in arbitrations, state court, and federal court. She has successfully represented general contractors, subcontractors, architects, engineers, surveyors, realtors, and brokers in residential, commercial, and highway projects.

Her practice includes the defense of design and construction defects, construction site injuries and fatalities, and allegations of fraud and concealment of defects when properties are sold. Heather also has experience drafting contracts for design professionals and contractors at the beginning of projects, advising clients during ongoing construction projects when problems arise, and negotiating claims to help her clients avoid litigation.

She also handles representing clients in professional licensure board complaints. Heather prides herself on keeping her clients informed as a case develops. By actively communicating with her clients at each step of the litigation process, she fine-tunes her approach so that she is constantly focusing on the best interests of her clients. She is also an active member of several professional organizations in Travis County and enjoys speaking on issues that face contractors, subcontractors, and design professionals.

Jessica Ogin | Thompson, Coe, Cousins & Irons, LLP

Jessica Ogin focuses her practice primarily on complex construction and design defect litigation. Prior to joining the firm, Jessica was an assistant county attorney in Harris County where she represented county employees in a variety of matters including car accidents, premises liability claims, and employment matters. Jessica has experience in appellate work, motion practice, and mediation.

Travis Hookham | Lanza Law Firm, PC

Travis Hookham is an associate attorney and mediator at Lanza Law Firm, PC, a civil trial law firm serving the legal needs of businesses and individuals throughout the State of Texas. Travis specializes in insurance defense work, representing insurers and their insureds in a variety of litigation matters, including personal injury, property damage, premises liability, and professional liability.

Travis joined Lanza Law Firm in 2023 after graduating from the South Texas College of Law. Travis received his master’s degree in Global Affairs from Thunderbird School of Global Management, a unit of Arizona State university in 2017. Travis received his bachelor’s in business administration from the University of Houston in 2014.

Travis is admitted to practice law in Texas. He is a member of the State Bar of Texas and the Houston Bar Association.

Travis is committed to providing quality legal services to his clients, with a focus on achieving favorable results through effective advocacy and strategic counseling. He is also dedicated to staying abreast of the latest developments and trends in insurance law and civil litigation.

When he is not working, Travis enjoys spending time with his family and friends, and traveling.

Session I – Tripartite Issues: Challenges and solutions for insurance defense attorneys | 11:00am – 12:00pm

• Legal and ethical foundations of the tripartite relationship, the roles and obligations of each party, and the potential challenges that can arise
• Examples of conflicts of interest between insurers and insureds and strategies for managing and resolving these conflicts while adhering to legal and ethical standards
• Effective communication and risk management strategies

Break | 12:00pm – 12:10pm

Session II – Tripartite Issues in PI Cases | 12:10pm – 1:10pm

• Common issues in tripartite representation
  • Conflicting Loyalties: The Insured vs. The Insurer
  • The “Empty Chair” defense
  • Ex Parte communications
  • Disclosure of confidential information
• Navigating the pitfalls of tripartite representation
  • Identify conflicts early
  • Obtain informed consent
  • Maintain clear communication
  • Consider independent counsel
  • Document everything
• Illustrated though Texas case law
  • Stowers demand and bad faith
  • Reservation of rights and non-waiver agreements
  • “Tilley” duties and the tripartite relationship