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SCHAEFER v. ELDER

No. C068229.

217 Cal.App.4th 1 (2013)

157 Cal. Rptr. 3d 654

STEVE SCHAEFER, Plaintiff and Respondent, v. KELLY ELDER, Defendant and Respondent; CASTLEPOINT NATIONAL INSURANCE COMPANY, Intervener and Appellant.

Court of Appeals of California, Third District.

May 16, 2013.

Attorney(s) appearing for the Case

Grant, Genovese & Baratta, James M. Baratta, Lance D. Orloff and Michael S. Frey for Intervener and Appellant.

Palmer J. Swanson, Leo L. Ashley III; Law Office of Eugene P. Haydu and Eugene P. Haydu for Plaintiff and Respondent.

Murphy, Campbell, Guthrie & Alliston, George E. Murphy, George A. Guthrie and Jon Douglas Durham for Defendant and Respondent.

OPINION

NICHOLSON, J. —

This is a case in which an insurer provided representation to an insured, with a reservation of rights, for an action brought by a third party. The trial court (1) determined that, because of a specific conflict of interest, the insured in this case has a right to independent counsel rather than counsel provided by the insurer and (2) disqualified counsel that had...

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