Category: Memoranda of Law

Objective summaries of substantive California law.

Take My Wife – Please! When Harmony of the Tripartite Relationship Turns to Dissonance

When an injured plaintiff asserts a claim against a defendant with liability insurance, the relationships among a liability insurer, its policyholder, and their common...

A 40 Day Regulatory Deadline to Deny Liability Insurance Coverage Is Poorly Enforced

Introduction When a policyholder tells a liability insurance company that an injured plaintiff claims damages, technically the policyholder makes two claims: 1) a third...

Non-delegable Duty to Comply with Rule 3-310

Click here to hyperlink to Non-delegable Duty to Comply with Rule 3-310.

Duty to Advise a Policyholder of the Right to Independent Counsel

Click here to hyperlink to Duty to Advise a Policyholder of the Right to Independent Counsel

Duty to Advise a Policyholder of the Right to Independent Counsel

Introduction Every liability insurer that agrees to defend its policyholder under a reservation of rights to later deny coverage and the insurer’s dependent counsel...

Compendium of Insurer Duties

Introduction Liability insurers have contractual, implied, statutory, regulatory, and common law duties to their policyholders. The business of insurance is governed by statute, regulations,...

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...

Compendium of Attorney Duties

Introduction The ethical duties of California lawyers to their clients are well established. The duties of dependent counsel are complicated by a relationship with...

Cumis Line of Cases

Introduction California case law has developed two distinct and incompatible lines of common law authority addressing whether an insurer that reserves its rights to...

Representation of Adverse Interest: Ethical Rules Summary

Representation of Adverse Interests All attorneys owe fiduciary duties to all clients including undivided loyalty, independence of professional judgment, confidentiality, disclosure, and competency. Current...

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