(All articles are legal research briefs unless otherwise indicated)
40 Day Regulatory Deadline to Deny Coverage
50 State Survey: When Must an Insurer Pay Independent Counsel?
Acquiescence Is Dangerous – A Practice Pointer
Adversary System of Justice
ANATOMY OF A LIABILITY INSURANCE POLICY
Part 1: Policy Structure
Part 2: The Primary Promise to Indemnify
Part 3: The Primary Promise to Defend
Part 4: The Remainder of the Policy
Arbitration
Assignable Rights Under a Liability Insurance Policy
Assignment and Covenant Not to Execute – A Model Contract
Attorney’s Authority to Bind Client
Attorney Client Privilege
Attorney Client Privilege: Waiver
Attorney Client Relationship
Attorney Liens
Bad Faith: The Implied Covenant of Good Faith and Fair Dealing
Binding Effect of a Liability Judgment on Insurance Coverage
Blue Ridge Settlement Costs Reimbursement
Brandt Fees: Recover Attorneys Fees for Bad Faith
Buss Defense Costs Reimbursement
Civil Code 2860 Qualifications – A Model Letter
Common Interest Doctrine
Compendium of Attorney Duties
Compendium of Collusion Cases
Compendium of Cooperation Cases
Compendium of Failure of Proof of Conflicts of Interest Cases
Compendium of Conflicts of Interest
Compendium of Insurer Duties
Conflicts of Interest: Potential or Actual – A Practice Pointer
Contingent Hourly and Percentage Retainer Agreement – A Model Contract
Contract Interpretation
Control of Settlement
Control of the Defense: Basic Principles
Control of the Defense: Yes, No, Maybe
Cooperation: A Strategic Choice – A Practice Pointer
Coordination Agreement – A Model Contract
Coverage Questionnaire – An Evidentiary Tool
Cumis Counsel Retainer Agreement – A Model Contract
Cumis Counsel’s Ethical Payment by the Insurer – A Practice Pointer
Cumis Rule
Cumis Rule Is Based on Attorney Ethics
Cumis Test – When Does the Right to Independent Counsel Vest?
Dependent Counsel’s Duty to Initiate an Adequate Conflict of Interest Analysis
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
Dilution: Plaintiff’s Monetary Curse – A Practice Pointer
Disqualifying Conflicts of Interest and Conflicts of Interest Defined – A Comparison
DUTIES OF INSURERS AND DEPENDENT COUNSEL
Duty of Competent Representation
Duty of Confidentiality
Duty of Disclosure
Duty of Good Faith and Fair Dealing – Bad Faith
Duty of Undivided Loyalty
Duty to Advise
Duty to Advise of Right to Independent Counsel
Duty to Advise Regarding Settlement
Duty to Analyze Conflicts
Duty to Defend: 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
Ethical Compliance Questionnaire – An Evidentiary Tool
Forfeiture, Waiver, and Estoppel
Genuine Dispute Doctrine
Good Faith Reliance on Advise of Counsel
Insurers Are Regulated
Insurer-Policyholder Fiduciary-Like Relationship
Insurer Silence Usually Concedes Full Coverage
Law of Large Numbers
Lawyers Are Regulated
Limited Scope of Representation
Line Dividing Cooperation from Collusion – A Practice Pointer
Measure of Damages: Failure to Defend
Motion to Disqualify Dependent Counsel – A Model Pleading
“No”: Insurer Denies All Coverage – A Practice Pointer
Notice of Suit – A Model Letter Pitches and Fallacies of Dependent Counsel
Perjury
Plead Into Coverage Properly – A Practice Pointer
Policyholder Duties
Policyholder’s Duty to Cooperate
Policyholder’s Duty to Notify the Insurer of a Claim
Policy Limit Settlement Offer – A Model Letter
Prejudgment Interest
Pretender Fees
Privilege Non-Waiver Agreement – A Model Contract
Prize: Price or Pride – A Practice Pointer
Questionnaires: – Evidentiary Tools
Coverage Questionnaire
Ethical Compliance Questionnaire
Reimbursement: Insurer’s Right to Recover Defense Costs and Settlement Costs
Reservation of Rights
Response to Motion to Withdraw – A Model Pleading
Rules of Professional Conduct
Setoff
Settlement – Favorable Evidentiary Presumptions
Testify Into Coverage Truthfully
Trial Brief: Overview of Duty to Defend – A Model Pleading
Tripartite Relationship: When Harmony Dissolves to Dissonance
Waiver, Forfeiture and Estoppel
Verified Complaint: Declaratory Relief – A Model Pleading
Addition Causes of Action for: Breach of Contract; Bad Faith; Breach of Fiduciary Duty; Legal Malpractice
Annotated Coverage Questionnaire
Annotated Ethical Compliance Questionnaire