Brandt Attorney Fees
Introduction When an insurer tortiously withholds policy benefits, attorney’s fees, reasonably incurred to compel payment of the policy benefits, are recoverable as an element...
Dependent Cousel Disqualification Test – When Does the Right to Independent Counsel Vest?
Introduction Since its publication over three decades ago, the landmark Cumis decision has been validated by the California Legislature, the Supreme Court, and a...
How Much Must An Insurer Pay Independent Counsel
Introduction Independent counsel often take great interest in exactly how much and how often a policyholder’s liability insurer must pay for independent counsel to...
Compendium of Conflicts of Interest
Introduction A liability dispute between a plaintiff and a defendant is a simple binary contest – mano a mano. When a liability insurer concedes...
Work Product Doctrine
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Waller – No Automatic Waiver Rule
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Res Judicata – Collateral Estoppel – Law of the Case
Introduction No “do-overs”. That is the gist of three closely related legal concepts rooted in principles of equity. “The doctrine of res judicata precludes...
No Set-Off
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Measure of Damage – Bad Faith
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Duty of Good Faith and Fair Dealing
Introduction “A covenant of good faith and fair dealing is implied in every insurance contract. The implied promise requires each contracting party to refrain...