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A construction companys equipment and crew were involved in an accident in which a bystander was injured. The construction company notified its insurer, which retained an attorney to defend the company when the bystander sued it. Unknown to the construction company, based on information disclosed by the company to the attorney, the attorney correctly advised the insurer that it had no obligation to provide coverage because the construction company had made a misrepresentation in its insurance application. The insurer subsequently sought a declaratory judgment relieving it of responsibility to the construction company. Is the attorney subject to discipline

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