Declaratory Relief: Yes, No, When? – PP
INTRODUCTION Declaratory relief provides a prompt and efficient means of resolving insurance coverage disputes while a plaintiff’s liability suit is still pending. This...
Clarify Compsatory Coverage When Punitive Damages Are Claimed – PP
Sorry – Under Construction This research tool is planned but not yet ready to publish. If you need this content soon, contact us to...
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...