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...
Buss Defense Cost Reimbursement Response Options – PP
INTRODUCTION When a liability insurer learns that its policyholder has been sued, it must make a series of decisions, the first of which is...
Buss Defense Cost Reimbursement Response Option – AG
THE BUSS RULE “In a ‘mixed’ action, for what specific defense costs may the insurer obtain reimbursement from the insured? ¶ The answer...
Blue Ridge Settlement Reimbursement Response Options – PP
INTRODUCTION The Blue Ridge rule states that a liability insurer may settle a plaintiff’s lawsuit on behalf of and over the objection of its...