Category: Memoranda of Law

Objective summaries of substantive California law.

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...

Code of Regs § 2695 et. seq. Summary

The full text of California Code of Regulations, Title 10, Chapter 5, Subchapter 7.5, § 2695 et. seq. is available on the internet at: www.insurance.ca.gov,...

Rule 3-310 – Summary

Introduction Rules of Professional Conduct, Rule 3-310 imposes on California lawyers ethical obligations to analyze potential conflicts of interest, make written disclosure to dual...

“No” – Insurer Denies All Coverage – MoL

Introduction When a policyholder asks a liability insurer for help with a plaintiff’s lawsuit, the insurer must promptly answer: “Yes”, “No”, or “Maybe”. A...

Dynamic Concepts 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...

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...

Genuine Dispute Doctrine

Introduction The genuine dispute doctrine provides a defense to a bad faith claim. An insurer that denies policy benefits because a genuine dispute exists...

Attorney’s Fees May Be Covered as Costs

Introduction Although attorney’s fees are not generally “damages” covered by a liability policy, as a matter of policy interpretation, some courts has held that...

Setoff

Introduction When two parties in a civil lawsuit have valid monetary claims against each other, the court may enter a net judgment by applying...

Legend

Dutytodefend.com has many draft documents that will soon be downloadable in Word, WordPerfect, and pdf. The following is a list of code words embedded...

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