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Insurance Practices and Coverage in Liability Defense, Second Edition Insurance Practices and Coverage in Liability Defense, Second Edition

Insurance Practices and Coverage in Liability Defense, Second Edition

By John S. Pierce, Harold Weston, Robert G. Levy, David J. McMahon
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Overview

Written by nationally recognized insurance law practitioners and academics, Insurance Practices and Coverage in Liability Defense, Second Edition (formerly titled Defending the Insured) provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense.

Each chapter provides a detailed discussion of topics engendered by the duty to defend and the consequent obligations of each of the parties. Reference tables and appendices then survey the law in each state on those topics. The result is a book that provides both a national study and state-specific analysis, allowing practitioners, courts and researchers the ability to see the big picture as well as to focus on and compare how states actually deal with the particular issue.

Topics covered include:

  • The use of staff counsel
  • Billing guidelines
  • Audits of attorneys’ fees
  • Reservations of rights
  • Communication privileges and issues, and cooperation duties
  • Conflicts of interest, control of the defense including independent counsel
  • Allocation of defense costs between insurer and insured
  • Allocation of indemnity expense between insurer and insured
  • Allocation and determination of deductibles and SIRs
  • Coverage allocation in multi-year, continuing loss cases, including horizontal and vertical exhaustion, stacking, and “all sums”
  • Application and features of judicial remedies of declaratory relief and intervention

Insurance Practices and Coverage in Liability Defense, Second Edition is the book that combines practice and theory, that serves both the insurer and insured, the national practitioner and the local counsel, and informs courts where concurrence and divergence exist on the sometimes thorny, interrelated issues.

Last Updated 11/20/2013
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781454835301
SKU 10046457-7777
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010032468
Table of Contents
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Written by nationally recognized insurance law practitioners and academics, Insurance Practices and Coverage in Liability Defense, Second Edition (formerly titled Defending the Insured) provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense.

Each chapter provides a detailed discussion of topics engendered by the duty to defend and the consequent obligations of each of the parties. Reference tables and appendices then survey the law in each state on those topics. The result is a book that provides both a national study and state-specific analysis, allowing practitioners, courts and researchers the ability to see the big picture as well as to focus on and compare how states actually deal with the particular issue.

Topics covered include:

  • The use of staff counsel
  • Billing guidelines
  • Audits of attorneys’ fees
  • Reservations of rights
  • Communication privileges and issues, and cooperation duties
  • Conflicts of interest, control of the defense including independent counsel
  • Allocation of defense costs between insurer and insured
  • Allocation of indemnity expense between insurer and insured
  • Allocation and determination of deductibles and SIRs
  • Coverage allocation in multi-year, continuing loss cases, including horizontal and vertical exhaustion, stacking, and “all sums”
  • Application and features of judicial remedies of declaratory relief and intervention

Insurance Practices and Coverage in Liability Defense, Second Edition is the book that combines practice and theory, that serves both the insurer and insured, the national practitioner and the local counsel, and informs courts where concurrence and divergence exist on the sometimes thorny, interrelated issues.

Main Description

Written by nationally recognized insurance law practitioners and academics, Insurance Practices and Coverage in Liability Defense, Second Edition (formerly titled Defending the Insured) provides the first comprehensive and objective analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the appointed counsel in insurance defense.

Each chapter provides a detailed discussion of topics engendered by the duty to defend and the consequent obligations of each of the parties. Reference tables and appendices then survey the law in each state on those topics. The result is a book that provides both a national study and state-specific analysis, allowing practitioners, courts and researchers the ability to see the big picture as well as to focus on and compare how states actually deal with the particular issue.

Topics covered include:

  • The use of staff counsel
  • Billing guidelines
  • Audits of attorneys’ fees
  • Reservations of rights
  • Communication privileges and issues, and cooperation duties
  • Conflicts of interest, control of the defense including independent counsel
  • Allocation of defense costs between insurer and insured
  • Allocation of indemnity expense between insurer and insured
  • Allocation and determination of deductibles and SIRs
  • Coverage allocation in multi-year, continuing loss cases, including horizontal and vertical exhaustion, stacking, and “all sums”
  • Application and features of judicial remedies of declaratory relief and intervention

Insurance Practices and Coverage in Liability Defense, Second Edition is the book that combines practice and theory, that serves both the insurer and insured, the national practitioner and the local counsel, and informs courts where concurrence and divergence exist on the sometimes thorny, interrelated issues.

Review Quote

The Second Edition of Insurance Practices and Coverage in Liability Defense, by John S. Pierce, Harold Weston, Robert G. Levy and David J. McMahon is an impressive review of the current state of insurance law and practice across the United States. The treatise moves logically through the insurer and insured relationship beginning with the duty to defend analysis, the tripartite relationship issues, billing, conflicts of interest, allocation and various other important issues.

The authors include in depth coverage of the complex issues in the tripartite relationship in insurance defense and use careful analysis of legal precedent to assist readers in navigating the various questions that arise. The authors address in an entire chapter the issue of insurers relying on staff counsel as well as the controversy over the issue of the unauthorized practice of law, including a very comprehensive review of the law in each area. The chapter relating to audits delves into the concerns of insurers and insured’s, carefully identifying the issues and how the competing concerns have been addressed by courts. Practitioners will find the chapter covering the law on independent counsel invaluable as it provides an in-depth 50 state survey of the law, including the law the District of Columbia and the U.S. Virgin Islands. The chapter relating to allocation provides clear, well-researched guidance on how courts across the country are addressing these critical issues for insured’s and insurers.

Each chapter effectively weaves together discussions of the issues citing applicable legal precedent, laws and regulations, as well as related rules of professional responsibility and relevant ethics opinions. Chapters relating to the tripartite relationship include particularly helpful discussions of the complicated privilege issues that arise. The text is very well researched including some references to unpublished decisions where helpful analysis by courts assists in an understanding of the policy considerations involved. Very thorough appendices relating to many of the chapters provide readers with useful checklists to review the current state of the law in each jurisdiction. The treatise provides a helpful tool when a quick answer is needed and also provides the in-depth analysis of the law that is necessary to understand the complexities addressed in each chapter. Making the text even more useful is the inclusion of a user-friendly table of contents and indices to quickly direct readers to the topics they are interested in. It is difficult to identify an issue that relates to insurance defense that the authors have not covered. This treatise will be an important addition and reference guide for all lawyers involved in litigation as insurance coverage relates to virtually any type of claim and understanding the relationship with the insurer is critical to effective client representation. In sum, Insurance Practices and Coverage in Liability Defense, is a very valuable resource for lawyers of all experience levels and it will clearly serve as the go-to reference turned to time and again by insurance lawyers as well as lawyers practicing in any area of claims where insurance defense is invo

Meghan MacGruder – Partner, Business Litigation Practice Group, King & Spalding

Short Description Written by nationally recognized insurance law practitioners, Insurance Practices and Coverage in Liability Defense provides the first comprehensive analysis of the various duties and potential pitfalls confronting each party in the three-way relationship between insurance carrier, insured, and the Table Of Contents Source StylesFormat

About the Authors

Chapter 1. Overview of the Duty to Defend

Chapter 2. The Tripartite Relationship In Insurance Defense: Establishment, Control, Clients and Liability

Chapter 3. The Tripartite Relationship In Insurance Defense: Cooperation and Communications

Chapter 4. Use of Staff Counsel

Chapter 5. Billing Guidelines

Chapter 6. Defining the Practice of Law

Chapter 7. Legal Audits

Chapter 8. Conflicts of Interest and Use of “Independent Counsel”

Chapter 9. Jurisdictional Survey of Independent Counsel

Chapter 10. Allocation and Reimbursement of Defense and Indemnity as to the Insured Under One Policy

Chapter 11. Allocation and Application of Deductibles and Self-Insured Retentions Based on Number of Claims, Occurrences, Acts, and Policies

Chapter 12. Allocation of Multiple Claims And Policies: All Sums and Pro Rata, Horizontal and Vertical Exhaustion, Stacking, and Application of Deductibles and SIRS

Chapter 13. Duty to Fund Defense Costs

Chapter 14. Seeking Judicial Determinations of Coverage: Declaratory Relief and Intervention

Table of Cases

Index

Volumes