Attorney malpractice in claims handling and settlement strategy: avoiding the road to liability

Article Abstract:

Insurance defense attorneys must focus on the interests of their clients, the insured parties, and not let their relationship with the insurer color their actions. Malpractice suits against defense attorneys may involve negligent settlement or excess verdict exposure claims. In some jurisdictions, excess carriers may also have interests to be considered. to minimize malpractice liability risks, attorneys should act in the best interest of their clients, communicate and document thoroughly, consider excess verdict risks and avoid fee arrangements that appear to compromise their objectivity.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Insurance Regulation, Compromise and settlement, Settlements (Law), Attorneys, Lawyers, Ethical aspects, Malpractice, Bad faith (Law), Legal malpractice, Insurance law, states

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Bad faith disputes between primary and excess carriers: theories of equitable subrogation/direct duty

Article Abstract:

Primary and secondary insurers are claiming bad faith and suing each other almost as often as their clients sue them for bad faith. Often the only winners are the plaintiffs and their lawyers. The bad faith doctrine as applied to primary and secondary coverage started as a direct duty theory, but has shifted towards an equitable subrogation approach in the courts. The history of primary-excess disputes and ways to avoid them are discussed.

Cases, Liability insurance, Surplus lines (Insurance)

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Punitive damages: an analysis of the states' response to B.M.W. v. Gore

Article Abstract:

The author outlines state and federal courts interpretations of the US Supreme Court's 1996 ruling that the amount of a punitive award could be so excessive that it would violate the Fourteenth Amendment's Due Process Clause. Topics include the effect of punitive damages on out-of-court settlements.

United States, States, Exemplary damages, Punitive damages, Due process of law

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