Binding Effect of a Liability Judgment on Insurance Coverage
Introduction A liability insurer may be bound by the outcome of a plaintiff’s lawsuit against its policyholder depending upon whether the insurer fails to...
Assignable Rights Under a Liability Insurance Policy
Introduction The policyholder and the plaintiff may properly resolve the liability dispute, at least in part, by the policyholder selling to the plaintiff the...
Common Interest Doctrine
Introduction The common interest doctrine permits adversaries to share confidential information without waiving the attorney-client privilege or the work product doctrine. Whether plaintiffs or...
Brandt Attorney Fees
Introduction “When an insurer’s tortious conduct reasonably compels the insured to retain an attorney to obtain the benefits due under a policy, it follows...
Arbitration
Introduction Arbitration is a process by which parties submit their disputes for resolution by impartial third persons instead of by a judicial tribunal. A...
Prejudgment Interest
Introduction A defendant may be required to pay prejudgment interest at the rate from 7% or 10% on a plaintiff’s recovery of those damages...
Attorney Client Privilege Waiver
Introduction The attorney-client privilege is a rule of evidence that everything a client says to a lawyer is confidential. “The attorney-client privilege has been...
Attorney Client Privilege
Introduction The attorney-client privilege is established by a statute that requires witnesses to “refuse to disclose . . . a confidential communication between client...
Adversary System of Justice
The United States of America has long adopted an adversary system of justice in which two or more advocates represent their parties’ positions before...
Attorney Liens
Introduction Quite properly, attorneys generally want to get paid for their services, even from clients who do not have the means or the will...