Final answer:
Typically, the insurer chooses the legal representative for the insured under Coverage E. While the insured has a right to legal representation, the insurer selects the attorney as part of their contractual duty to defend. This arrangement may differ if conflicts of interest arise, where the insured could be entitled to independent counsel.
Step-by-step explanation:
If the insurer of a homeowners policy provides legal defense for the insured under Coverage E, typically the insurer chooses the legal representative for the insured. This is part of the insurer's duty to defend the insured against claims covered by the policy. While the insured has the right to an attorney, in the context of insurance defense, it is the insurer who has the contractual right to select that attorney to protect its interests as well as those of the insured.
On occasion, there might be a conflict of interest, such as when the interests of the insurer and the insured diverge. In such cases, the insured might have a right to independent counsel, paid for by the insurer. The specifics can vary by policy and jurisdiction, and these situations often involve nuanced legal considerations.
The fundamental principle established by cases like Gideon's Trumpet and Glasser v. United States is that individuals are entitled to legal representation, and if they cannot afford one, the state must provide it. However, in the context of insurance, the insurer generally fulfills this role as part of their contractual obligations.