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.
This session provides an in-depth examination of the fiduciary duties that both minority and majorit...
Session 8 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...
Session 9 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...
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Session 4 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years, ...
This program will explain the nuts and bolts of pursuing common claims against the federal governmen...