Advocate Sept19 cvr ezine

Articles in this issue:

The art of taking the bad-faith duty-to-settle case to trial

From acknowledging the “skunk on the table” in voir dire, to acting as a “public servant” as you ask for punitive damages, here is the framework for trying the bad-faith case


Buying immunity

The lid is off the policy! Can insurers immunize themselves from their bad-faith failure to settle by buying the bad-faith claim from their own policyholder?


Appellate Reports

Court says methodology of identifying class members who purchased an inflatable pool from chain store need not be shown in order to certify class. Also, decisions on choice of law and waiver of right to compel arbitration


Financial elder abuse and insurance

Successful litigation of financial elder abuse may include treble damages and attorney’s fees awards


The standard of review in ERISA disability cases

ERISA cases are often won or lost based on which standard of review applies


Does [[case]]Egan[[/case]]’s “managing agent” rule survive 40 years later?

Most insurance bad faith cases involve a fight over the managerial status of the employees who denied the insured’s claim


Understanding and opposing the “Genuine Dispute” Doctrine

A look at [[case]]Wilson[[/case]] and other important decisions on this doctrine so often relied upon by insurers in their summary judgment motions


Litigating an ERISA insurance case

An overview of the ERISA litigation process and practical advice on avoiding pitfalls and pratfalls


What event had its start in 1983?

Then, as today, it’s all about “connection”


Burned out and underinsured

A look at why California homes are underinsured and the litigation that arises out of that underinsurance


Insurance issues in settlement discussions

A review of the insurer’s duty to settle and the effect of mediation confidentiality laws on mediated settlements


Civility

Lost nationally but found at the CAALA Convention