Many neophyte plaintiff’s lawyers who file civil liability actions anticipating that defendants’ valid liability insurance will fund a settlement or judgment need to understand how liability insurers routinely seek to deny coverage to their policyholders and injured plaintiffs.
The first thing liability insurers do is to answer three questions: Does the insurer have:
1) A duty to defend?
2) A duty to indemnify?
3) The right to control the policyholder’s defense?
Because the answer to these questions derives from a comparison of the language of the insurance policy to the language of the plaintiff’s complaint and proof, plaintiffs’ counsel often has vast power to secure valuable insurance coverage.
This program will address how lawyers may properly advance goals of pleading and proving covered damages, correcting pleading defects, developing truthful evidence, and perhaps exposing actual conflicts of interest pursuant to Rules 1.4 and 1.7 that may ethically disqualify the insurer’s pre-approved panel counsel from protecting the insurer’s interests to the detriment of the plaintiff and the policyholder.
Bias and discrimination continue to shape workplace dynamics, legal practice, and professional respo...
"I think he drinks too much - but he's my boss!" “She's the firm's rainmaker, but something i...
Explore the transformative potential of generative AI in modern litigation. “Generative AI for...
Cellphones represent one of the fastest-changing areas of legal practice. Mobile device evidence is ...
Food, sex, exercise – all may involve a variety of commonly enjoyed experiences that are healt...
The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need...
This one-hour program will look at the key differences in policies available in the marketplace, dif...
The always idiosyncratic Nassim Taleb likes to say, “Nothing is more permanent than ‘tem...
Addressing the sensitive subjects of incapacity, death and health care are not either seamless or pa...
“Maybe I drink more than I should, but it isn’t affecting my life-I’m ‘High-...