Monitoring Counsel Services


The LGWM Insurance Coverage Practice Group often is called upon by carrier clients to serve as monitoring counsel in complex cases. Those services may be required where the policy involves no duty to defend, or where the insured has a high retention and choice of counsel. Those services also may be required where the carrier maintains an excess position.


As monitoring counsel, our team provides analysis and evaluation of the claim exposure, monitors the progress and cost of the defense, and assists in negotiating the carrier’s settlement contribution. If the need arises, we help carriers identify potential coverage issues that may exist, and navigate the claim to resolution, while ensuring the carrier’s coverage obligations are fulfilled. Often, our monitoring counsel services are requested in order to represent carriers at mediations, and to monitor trials.



  • Monitored trial for insurer of major pharmaceutical company and negotiated during trial a high low that capped the verdict within insured’s large self-insured retention.
  • Monitored related class actions involving allegations that malpractice insurers conspired with their reinsurer to misrepresent the financial health of the reinsurer.
  • Monitored class actions involving allegations that several mortgage loan companies violated the Truth in Lending Act and other statutes by misrepresenting loan terms. Represented the mortgage loan companies’ professional liability insurer and negotiated a favorable coverage settlement during mediation.
  • Monitored class action appeal to Ninth Circuit involving the alleged negligent and criminal investments of approximately $34,000,000 by an insured mutual fund in an illegal gambling business.
  • Monitored class action and appeal to the Ninth Circuit involving an alleged $175,000,000 Ponzi Scheme affecting foreign investors and allegedly facilitated by an insured certified public accountant.

Department Head

Steve Whitehead