Civil Code §2860 Protection Must Be Earned – PP
INTRODUCTION Civil Code §2860 provides significant protection to insurers that qualify by satisfying each of three prerequisites: “If the provisions of a...
Dynamic Concepts – Right on the Facts – Wrong on the Law – Ed
EDITORIAL Introduction Dynamic Concepts is a case with bad facts that made bad law. On the facts, the policyholder’s counsel was rude to everyone,...
Blue Ridge Reimbursement: Multi-Party Coordinated Response – CS
CASE STUDY A construction defect complaint names both a corporation and its president as defendants, both of whom insured by the same $1 million...
Policyholder Should Sign Correspondence – PP
PROLOGUE Authors of correspondence intended to be offered as admissible evidence must seek to resonate with the judge and jury – not the addressee...
Dilution: Plaintiff’s Monetary Curse – PP
INTRODUCTION Doubtfully insured litigation threatens to reduce significantly the net recovery collected by a deserving victim, and by extension, diminish confidence in our...
Policy Limit Settlement Offer Made Properly
A Proper Policy Limit Settlement Offer Should Satisfy Eight Factors An injured plaintiff and an insured defendant want to settle their liability dispute with...
Cumis Counsel’s Ethical Payment by the Insurer – PP
INTRODUCTION The moral foundation of the Cumis Rule is that Cumis counsel must be “independent” of the insurer. Cumis counsel may not ethically: 1)...
Pitches and Fallacies of Dependent Counsel – PP
Attorneys have fiduciary obligations of the very highest character, which bind them to the most conscientious fidelity to the client. Like all attorneys, dependent...
Step by Step Analysis of the Duty to Defend
INTRODUCTION Whenever liability insurance coverage is uncertain or insufficient, the insurer analyzes coverage within 40 days of notice of the plaintiff’s lawsuit. Both...
Cooperation: A Stategic Choice – PP
INTRODUCTION Cooperation is a good thing. The word “cooperation” derives from the Latin for “work together.” It means to work jointly towards the...