Table of Contents

Litigation Primer

Adversary System of Justice

Arbitration

Assignable Rights Under a Liability Insurance Policy

Attorney Client Privilege

Attorney Client Privilege Waiver

Attorney Liens

Binding Effect of a Liability Judgment on Insurance Coverage

Brandt Attorney Fees

Common Interest Doctrine

Lawyer Duties

Attorney’s Authority to Bind Client

Attorney Client Relationship

Client’s Right to Fire Counsel

Compendium of Attorney Duties

Dependent Counsel’s Duty to Initiate an Adequate Conflict of Interest Analysis

How Dependent Counsel Conflicts of Interest Arise

Lawyers Are Regulated

Rule of Professional Conduct, Rule 1.7 And The Cumis Rule

 

Insurance Company Duties

Duty of Good Faith and Fair Dealing

Insurers Are Regulated

QUESTIONNAIRES

Coverage Questionnaire

Annotated Coverage Questionnaire

Ethical Compliance Questionnaire

Annotated Ethical Compliance Questionnaire

Yes – Coverage Questionnaire

Yes – Ethical Compliance Questionnaire

Questionnaire Case Studies

Why Send Questionnaires?

ACTION GUIDES

“Yes” – Insurer Concedes Full Coverage

“Maybe” – Insurer Reserves Rights to Later Deny Coverage

“No” – Insurer Denies All Coverage

Blue Ridge Settlement Cost Reimbursement

Buss Defense Cost Reimbursement

MEMORANDA OF LAW

A 40 Day Deadline to Regulatory Deadline to Deny Liability Insurance Coverage Is Poorly Enforced

50 State Survey: Is an Insurer That Reserves Its Rights to Deny Coverage Required to Pay Independent Counsel?

Compendium of Insurer Duties

Compendium of Cases – Collusion

Compendium of Cases – Cooperation

Compendium of Cases – Failure of Proof of Conflicts of Interest

Compendium of Conflicts of Interest

Conflicts of Interest Defined

Contract Interpretation

Control of the Defense – Basic Principles

Control of the Defense – Yes, No, Maybe

Control of Settlement

Cumis Line of Cases

Cumis Rule

Cumis Rule Is Based on Attorney Ethics

Cumis Test – When Does the Right to Independent Counsel Vest?

Defaulting Insurer Forfeits Control of the Defense

Dependent Counsel Always Represents the Insurer

Dependent Counsel Is Beholden to the Insurer

Difference Between Dependent Counsel and Independent Counsel

Disqualifying Conflicts of Interest

Duty of Competent Representation

Duty of Confidentiality

Duty of Disclosure

Duty of Undivided Loyalty

Duty to Advise

Duty to Advise of Right to Independent Counsel

Duty to Analyze Conflicts

Duty to Defend Overview

Duty to Defend – Trigger – Step by Step Analysis

Duty to Defend Vigorously

Duty to Investigate

Duty to Respond to Inquiry

Duty to Settle

Dynamic Concepts Line of Cases

Elusive Definition of Collusion

Estoppel, Waiver, and Forfeiture

Genuine Dispute Doctrine

Good Faith Reliance on Advise of Counsel

How Much Must an Insurer Pay Independent Counsel?

How Often Must an Insurer Pay Independent Counsel?

Insurer-Policyholder Fiduciary-Like Relationship

Insurer Silence Usually Concedes Full Coverage

Law of Large Numbers

Limited Scope of Representation

Measure of Damages – Failure to Defend

Motion to Withdraw

“No” – Insurer Denies All Coverage

Perjury

Policyholder’s Duty to Cooperate

Prejudgment Interest

Pretender Fees

Reservation of Rights

Setoff

Settlement – Favorable Evidentiary Presumptions

Testify Into Coverage Truthfully

Tripartite Relationship: When Harmony Turns to Dissonance

LEGAL RESEARCH TOOLS

MODEL CONTRACTS

Arbitration Agreement

Assignment and Covenant

Confidential Recovery Distribution Agreement

Contingent Hourly and Percentage Retainer Agreement

Coordination Agreement

Privilege Non-Waiver Agreement

Cumis Counsel Retainer Agreement 

MODEL DISCOVERY

Demand for Production of Documents

Policyholder to Insurer

Deposition Outlines

Breach of Contract

Breach of Fiduciary Duty

Claim Agent

Insurer Duties

Good Faith Reliance on Advise of Counsel

MODEL LETTERS

2860 Qualifications

Concede Duty to Defend and Disqualifying Conflict

Conflict of interest Waiver Request

Notice of suit

Pre-signed verification forms

Policy limit settlement offer

MODEL PLEADINGS

Response to Motion to Withdraw

Trial Brief: Overview of Duty to Defend

Verified Complaint – Declaratory Relief

Verified Complaint – Pay Cumis Counsel

Addition Causes of Action for: Breach of Contract; Bad Faith; Breach of Fiduciary Duty;  Legal Malpractice

 

PRACTICE POINTERS

Acquiescence Is Dangerous

Antiquated Distinction Between Potential and Actual Conflicts of Interest

Chinese Gong

Cooperation: A Strategic Choice

Cumis Counsel’s Ethical Payment by the Insurer

Dilution: Plaintiff’s Monetary Curse

How to Make a Policy Limit Settlement Offer Properly

Incentives to Confess Covered Liability

Line Dividing Cooperation from Collusion

“Maybe” – Insurer Reserves Rights to Later Deny Coverage

“No” – Insurer Denies All Coverage

Pitches and Fallacies of Dependent Counsel

Prize: Price or Pride

Plead Into Coverage Properly

Settle and Sue

TOP TEN LISTS

Top Ten Insurer Coverage Decisions

Top Ten Policyholder Coverage Responses

Top Ten Policyholder Strategies

Top Ten Procedural Options to Resolve Conflicts of Interest

Top Ten Surprising Liability Insurance Laws

Top Ten Surprising Truths When Coverage Is Denied

OTHER

CASE STUDIES

Blue Ridge – Multi-Party Coordinated Response

CODES & REGULATIONS

Code of Regs § 2695 et. seq. Summary

EDITORIALS

Dynamic Concepts: Right on the Fact; Wrong on the Law!

 

UNPUBLISHED OPINIONS

City Art v Traveler

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