Defense counsel's liability to insurer for excess liability

Article Abstract:

A defense attorney hired by an insurance company may in some states be held liable for mistakes made during litigation. The attorney can defend against a suit for recovery of compensatory damages stemming from the litigation, such as emotional distress, by keeping his primary allegiance to the insured party, even though he was retained and paid by the insurer.

Attorneys, Lawyers, Malpractice, Tort liability, Legal malpractice, Tort liability of insurance companies, Insurance companies

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Binding arbitration of coverage and bad faith disputes: a way out of the thicket for the American insurance industry

Article Abstract:

The authors examine the question of whether an insurer may require in its policies that disputes over coverage or bad faith be submitted to binding arbitration. A sample arbitration endorsement is included, along with a proposal for capping punitive damage awards.

Negotiation, mediation and arbitration, Insurance claims adjustment, Claims adjustment (Insurance)

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Avoiding or mitigating punitive damage exposure in nursing home litigation

Article Abstract:

The author reviews decisions regarding punitive damages in lawsuits. He also suggests techniques that attorneys can use to reduce punitive damages in defending nursing homes in tort cases.

Methods, Cases, Exemplary damages, Punitive damages, Nursing homes, Defense (Civil procedure)

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