How to terminate a health insurance agent, maintain your market share of business and avoid litigation

Article Abstract:

Some insurance agents terminated by insurers have sought redress using a libel and slander suit, but there is case law giving insurers some libel defenses as well as the chance to retain the business the agent had built up. Crucial to the defense is the insurer's proprietary interest in keeping its market share and customer base in order to protect its business. The fiduciary duty to protect the insureds from loss of benefits is part of the proprietary interest. All insured must be warned that they could lose coverage if they yield to an agent's urge to change carriers.

Laws, regulations and rules, Contracts, Health insurance, Insurance agents, Employee dismissals, Employment terminations, Employment at will

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Product warnings: Se habla Espanol? Requirements for foreign language warnings

Article Abstract:

Manufacturers need to concern themselves with all possible users of their products when constructing warning labels. This could mean adding warnings in Spanish or another language, especially if the product is marketed towards foreign-language-speaking users. As a general rule, label-creators should base their decisions on likely negligence claims, not the more specific liability issues usually considered in the creation of warning labels.

Analysis, Prevention, Product liability, Language and languages, Product safety, Products liability, Labels, Failure to warn (Law), Spanish language in the United States, Spanish language

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Management of the discovery process: taming the beast; training your bird dog

Article Abstract:

The discovery phase of litigation can be managed to meet the goals of judicial efficiency and party cost-effectiveness. Imaginativeness in the plan and design of discovery can be implemented at all stages of the process. Agreements between defense counsel, services of paralegals, and time saving technologies should be utilized where appropriate.

Management, Discovery (Law)

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