The document discusses the complex tripartite relationship between an insurer, defense counsel, and insured in the context of legal representation, noting competing interests and how representation can become problematic when issues arise between the insurer and insured. It also examines guidelines from insurers on billing and litigation that raise ethical concerns, as well as case law addressing issues like privilege, independent counsel, and who the actual client is in these relationships.
File opening and control of files procedureVal Antoff
This document outlines procedures for opening and controlling legal files. It establishes guidelines for opening a separate file for each new matter for new, current, and former clients. It details responsibilities for lawyers and staff, the file opening process which includes conflict checks and completing a file opening form, and procedures for central file storage and control. Quality control measures include weekly reports on newly opened files and an annual review of the file opening process.
Parol Evidence Rule Contract Law MalaysiaAzri Nadiah
The document discusses the parol evidence rule and its exceptions in Malaysian contract law. The parol evidence rule bars oral evidence that would contradict or vary the terms of a written contract. However, there are exceptions, including when (1) the contract is partly oral and partly written, (2) there is evidence of fraud, mistake or misrepresentation, or (3) there is evidence of a collateral contract. A collateral contract refers to a separate oral agreement made alongside the written contract. For a collateral contract to be valid, the party must strictly prove that the oral terms were intended to be binding and induced them to enter the contract. The document analyzes several cases that discuss and apply the parol evidence rule and its exceptions.
The document discusses the Construction Industry Payment and Adjudication Act 2012 (CIPAA) in Malaysia, which establishes a statutory adjudication process to resolve payment disputes in the construction industry. CIPAA provides a mandatory, fast-track dispute resolution procedure involving the submission and response of payment claims, notices of adjudication, and adjudicator decisions within strict timeframes. The Act aims to promote prompt payment and cash flow in construction projects through an expedited, binding dispute resolution process.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise stimulates the production of endorphins in the brain which elevate mood and reduce stress levels.
Teleportation of a Tripartite Entangled Coherent StateVasudha Pande
This document discusses teleportation of a tripartite entangled coherent state. It begins by introducing the concept of teleportation and its requirements, including an entangled quantum channel and classical communication channel. It then describes the protocol for teleporting a quantum state using a tripartite entangled coherent state, which involves 1) distributing the entangled state between sender and receiver, 2) applying phase shifts at the sender, 3) performing beam splitting, 4) applying another phase shift, 5) making measurements, 6) communicating the classical bits, 7) applying a unitary transformation based on the classical bits, recovering the teleported state. The document examines the fidelity of the teleported state and potential sources of noise.
1. Over 100 Christian leaders signed a statement calling on leaders to protect funding for programs that help the poor when reducing budget deficits.
2. They believe budgets are moral documents and reducing poverty should not come at the expense of increasing hardship for the vulnerable.
3. The statement urges reviewing all parts of the budget, including military spending and taxes, to find ways to share sacrifice instead of disproportionately burdening those in need.
Building resposible property portfolios: a review of current practices by u...Dr Lendy Spires
This document discusses responsible property investing and highlights practices by leading organizations. It begins with an introduction to the Principles for Responsible Investment and the business case for responsible property investing. Some key challenges in the property sector are indirect relationships between investors and environmental, social and governance performance. However, institutional investors have opportunities to address these challenges and influence other actors in the property investment chain. The document then provides examples of actions being taken in line with each of the Principles for Responsible Investment.
This document contains the signatures and credentials of nursing professionals approving a student's clinical experience. It lists the clinical coordinator, chief nurse, and dean of the Eastern Samar State University College of Nursing, along with the chief nurse of Bethany Hospital, approving the student's experience through their signatures, degrees, and professional license numbers and expiration dates.
File opening and control of files procedureVal Antoff
This document outlines procedures for opening and controlling legal files. It establishes guidelines for opening a separate file for each new matter for new, current, and former clients. It details responsibilities for lawyers and staff, the file opening process which includes conflict checks and completing a file opening form, and procedures for central file storage and control. Quality control measures include weekly reports on newly opened files and an annual review of the file opening process.
Parol Evidence Rule Contract Law MalaysiaAzri Nadiah
The document discusses the parol evidence rule and its exceptions in Malaysian contract law. The parol evidence rule bars oral evidence that would contradict or vary the terms of a written contract. However, there are exceptions, including when (1) the contract is partly oral and partly written, (2) there is evidence of fraud, mistake or misrepresentation, or (3) there is evidence of a collateral contract. A collateral contract refers to a separate oral agreement made alongside the written contract. For a collateral contract to be valid, the party must strictly prove that the oral terms were intended to be binding and induced them to enter the contract. The document analyzes several cases that discuss and apply the parol evidence rule and its exceptions.
The document discusses the Construction Industry Payment and Adjudication Act 2012 (CIPAA) in Malaysia, which establishes a statutory adjudication process to resolve payment disputes in the construction industry. CIPAA provides a mandatory, fast-track dispute resolution procedure involving the submission and response of payment claims, notices of adjudication, and adjudicator decisions within strict timeframes. The Act aims to promote prompt payment and cash flow in construction projects through an expedited, binding dispute resolution process.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise stimulates the production of endorphins in the brain which elevate mood and reduce stress levels.
Teleportation of a Tripartite Entangled Coherent StateVasudha Pande
This document discusses teleportation of a tripartite entangled coherent state. It begins by introducing the concept of teleportation and its requirements, including an entangled quantum channel and classical communication channel. It then describes the protocol for teleporting a quantum state using a tripartite entangled coherent state, which involves 1) distributing the entangled state between sender and receiver, 2) applying phase shifts at the sender, 3) performing beam splitting, 4) applying another phase shift, 5) making measurements, 6) communicating the classical bits, 7) applying a unitary transformation based on the classical bits, recovering the teleported state. The document examines the fidelity of the teleported state and potential sources of noise.
1. Over 100 Christian leaders signed a statement calling on leaders to protect funding for programs that help the poor when reducing budget deficits.
2. They believe budgets are moral documents and reducing poverty should not come at the expense of increasing hardship for the vulnerable.
3. The statement urges reviewing all parts of the budget, including military spending and taxes, to find ways to share sacrifice instead of disproportionately burdening those in need.
Building resposible property portfolios: a review of current practices by u...Dr Lendy Spires
This document discusses responsible property investing and highlights practices by leading organizations. It begins with an introduction to the Principles for Responsible Investment and the business case for responsible property investing. Some key challenges in the property sector are indirect relationships between investors and environmental, social and governance performance. However, institutional investors have opportunities to address these challenges and influence other actors in the property investment chain. The document then provides examples of actions being taken in line with each of the Principles for Responsible Investment.
This document contains the signatures and credentials of nursing professionals approving a student's clinical experience. It lists the clinical coordinator, chief nurse, and dean of the Eastern Samar State University College of Nursing, along with the chief nurse of Bethany Hospital, approving the student's experience through their signatures, degrees, and professional license numbers and expiration dates.
This document contains the signatures and credentials of three nurses approving a document. The clinical coordinator and chief nurse at Eastern Samar State University College of Nursing and Eastern Samar Provincial Hospital respectively approved the document. It was then approved by the Dean of the College of Nursing at Eastern Samar State University. All three signatories included their name, role, degree, and professional registration numbers and expiration dates.
Interview with:Carlos Gómez PlazaDirector Tripartite Foundation for Trai...network_trainers
The Tripartite Foundation for Training in Employment comprises public administration organizations and trade unions. It provides technical support for training and employment to Spain's Public Employment Service. Its funding comes from vocational training levies, the European Social Fund, and contributions from the Public Employment Service. The Foundation's goals include supporting lifelong learning, improving workers' skills and competitiveness, and increasing employability. It finances both demand-driven and supply-driven training initiatives. The Foundation prioritizes innovation in training methodologies and tools through research and forums. Studies have looked at topics like online training and using ICT like digital media, video games, social networks and more in training.
This is an introductory workshop for Twitter for Coalitions co-presented at the CADCA Leadership Forum, 2010, January 11, 2010, Washington, DC. with Sue Stine, Jeffery Biggs, and LaDonna Coy. Handout is available at http://technologyinprevention.wikispaces.com/file/view/TwitterHandout.pdf
Church of England views on homosexuality remain unclear on the basis of various instances
when church leaders have contradicted in their opinion over the issue. Conservative theologians
and politicians who are members of the Church of England consider homosexuality as another
behavior.
- See more at: http://www.customwritingservice.org/blog/sample-essay-on-church-of-england-viewson-
homosexuality/
The document discusses the Freedom Riders and sit-ins during the 1960s Civil Rights Movement. The Freedom Riders tested segregation in interstate bus travel by riding buses through the South. They faced resistance. Sit-ins involved students peacefully protesting segregation at lunch counters through non-violent demonstrations, which also faced resistance in the South. Both protests helped raise awareness of racial inequality and persuaded some whites and the government that reforms were needed.
The document summarizes the main points discussed at the Economic and Social Committee forum regarding the Spratly Island conflict. It recognizes that resolving the issue peacefully is important given the conflicts between involved countries over the sensitive question of sovereignty. It emphasizes the need to divide the islands among signatory states to resolve tensions and encourages the establishment of a multilateral cooperation authority to jointly develop and share the islands' resources, with each country having a say in decisions. It reaffirms that any profits should be shared inversely with country GDP and urges claimant countries to set aside claims and demilitarize the islands for three years to reduce tensions.
Assessing the Capacity of Community Coalitions to Advocate for ChangeInnovation Network
Research has shown that high-capacity coalitions are more successful in effecting community change. While a number of coalition assessment tools have been developed, documentation is scarce regarding how they are implemented, how the results are used, and whether they are predictive of coalition success in collaborative community change efforts. Developed for a health promotion initiative of a major health foundation, this tool is designed to assess coalition progress in eight key areas across twelve different community coalitions, over the course of a three year initiative.
On May 21, 2013, Veena Pankaj, Kat Athanasiades, Ann Emery, and Johanna Morariu gave a presentation titled "Assessing the Capacity of Community Coalitions to Advocate for Change." The panel was hosted by the Advocacy Planning and Evaluation Program (APEP) at the Aspen Institute in Washington, DC.
The session focused on a coalition assessment tool that was designed by Innovation Network to assess changes in coalition capacity over time. Presenters shared lessons learned from the first year of the initiative about developing and deploying the assessment tool, as well as what these tools can--and can't--tell you about a coalition's capacity in conducting community change work. In addition presenters shared how information collected from this assessment can be communicated back to the coalitions using data visualization approaches to effectively communicate the data.
A basic workshop for getting a solid start using social media for coalitions. The workshop is being presented at the 2013 CADCA Coalition Leadership Forum, Feb 4-8, 2013, Washington, DC. All workship materials available at http://bit.ly/clf2013
The document discusses the Freedom Riders, who were civil rights activists in the 1960s who rode interstate buses to challenge laws that enforced segregation in public transportation. They faced extreme violence from white supremacists, but their actions helped draw national attention to the injustices of segregation and prompted federal legislation banning discrimination in public transportation. Their nonviolent tactics, which some found controversial, were effective at creating social and political change through courageous acts of civil disobedience. The document poses questions about the Freedom Riders' motivations, strategies, and legacy.
Daniel Nepstad at "Taking stock of REDD+"CIFOR-ICRAF
Presentation by Daniel Nepstad, President and Executive Director, Earth Innovation Institute at 'Taking stock of REDD+: Past, present and future' Discussion Forum on the second day of the Global Landscapes Forum 2015, in Paris, France alongside COP21. For more information go to: www.landscapes.org.
Tripartite dimension of interaction of patients, regulators and industry (Jan...jangeissler
This document discusses the importance of interaction and partnership between patients, regulators, and industry in medicine research and development. It acknowledges that patient involvement enhances the quality of research, evidence, transparency, and mutual respect. The document outlines some challenges to interaction, including siloed thinking and lack of trust, and notes that EUPATI has helped improve collaboration but long-term sustainability is key. The objectives of the event are to share experiences of pilot projects involving these stakeholders and ensure their interaction is understood and trusted.
Transparencia fiscal e intercambio de información. El convenio multilateral B...contenidos-ort
Este documento resume la evolución de la transparencia fiscal y el intercambio de información, incluyendo el Convenio Multilateral BEPS. El Convenio Multilateral BEPS es un instrumento flexible que establece estándares mínimos para prevenir la evasión fiscal, como medidas contra el abuso de convenios tributarios y la resolución de disputas. El Convenio entrará en vigor una vez ratificado por 5 jurisdicciones y aplicará sus disposiciones a los convenios tributarios existentes de manera gradual.
Michael Marick - Breaking down barriers in policyholder- insurer disputes ove...Michael Marick
Corporate policyholders/insureds who have been sued share a common interest with their liability insurers—successfully defending those lawsuits. Yet insureds and insurers often disagree on the choice of defense counsel and how much the insurer must pay toward legal bills. These disputes are costly and, in most instances, can be avoided.
Nbi Seminar Defense Strategies In Personal Injury Casesrfoos
This document discusses ethical considerations in personal injury defense strategies. It defines the tripartite relationship between the client, insurer, and attorney. While both the insurer and attorney must serve the client's interests, joint representation is allowed if interests are aligned. However, conflicts between parties must be handled carefully according to rules of professional conduct regarding competence, scope of representation, communication, and conflicts of interest. Case law has found joint representation permissible if potential conflicts are addressed individually.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...Terrell Patillo
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
The document discusses four primary jurisdictional issues affecting the insurer-insured relationship:
1) Venue, choice of law, and mandatory arbitration clauses that can modify parties' rights and obligations under an insurance policy.
2) How "four corners" vs. "all available facts" jurisdictions approach defense rights, obligations, and investigations.
3) How jurisdictions approach the legal concept of "breach" of the duty to defend and its ramifications.
4) How jurisdictions evaluate available damage rights and remedies.
The panel will explore these issues through moderator Gary Gassman and presentations from industry professionals.
This document summarizes a training seminar on insurance for financial associates. It provides details on the seminar such as the date, time, location, and presenter. It then outlines 15 topics that will be covered in the seminar related to insurance principles, products, regulations and ethics. The document continues to define key insurance terms and concepts like express, implied and apparent authority of agents and discusses issues like rebating, twisting, misrepresentation and replacing policies. It emphasizes the importance of ethical conduct for insurance agents.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
This newsletter discusses two cases related to insurance coverage. The first case involved a wrongful death claim where the insurer settled with one heir but was later sued by other unknown heirs. The court found the insurer was not protected by settling pre-litigation. Insurers should use genealogists to identify all heirs or have claimants file a lawsuit to receive protection. The second article summarizes various cyber risk insurance policies available to businesses to cover losses from hacking or security breaches. It notes various state and federal regulations regarding notification of privacy breaches.
Ethical Issues In The Tripartite Relationshipamystewart
PowerPoint presentation addressing the ethical issues confronted by lawyers involved in the tripartite relationship between the insurer, the insured and defense counsel
MEDICAL MALPRACTICE - CASE SELECTION AND MANAGEMENT (DEFENSE) Robert Waterman
This document discusses potential conflicts of interest that may arise in medical malpractice defense cases and the applicable rules for addressing them. It notes that most medical malpractice clients are insured and cases are assigned to defense counsel by insurers. The document outlines rules regarding concurrent conflicts of interest between clients and duties to former clients. It also discusses specific issues like aggregate settlements, coverage disputes, defending principals and independent contractors, and permissive counterclaims that require evaluating whether a conflict exists.
This document contains the signatures and credentials of three nurses approving a document. The clinical coordinator and chief nurse at Eastern Samar State University College of Nursing and Eastern Samar Provincial Hospital respectively approved the document. It was then approved by the Dean of the College of Nursing at Eastern Samar State University. All three signatories included their name, role, degree, and professional registration numbers and expiration dates.
Interview with:Carlos Gómez PlazaDirector Tripartite Foundation for Trai...network_trainers
The Tripartite Foundation for Training in Employment comprises public administration organizations and trade unions. It provides technical support for training and employment to Spain's Public Employment Service. Its funding comes from vocational training levies, the European Social Fund, and contributions from the Public Employment Service. The Foundation's goals include supporting lifelong learning, improving workers' skills and competitiveness, and increasing employability. It finances both demand-driven and supply-driven training initiatives. The Foundation prioritizes innovation in training methodologies and tools through research and forums. Studies have looked at topics like online training and using ICT like digital media, video games, social networks and more in training.
This is an introductory workshop for Twitter for Coalitions co-presented at the CADCA Leadership Forum, 2010, January 11, 2010, Washington, DC. with Sue Stine, Jeffery Biggs, and LaDonna Coy. Handout is available at http://technologyinprevention.wikispaces.com/file/view/TwitterHandout.pdf
Church of England views on homosexuality remain unclear on the basis of various instances
when church leaders have contradicted in their opinion over the issue. Conservative theologians
and politicians who are members of the Church of England consider homosexuality as another
behavior.
- See more at: http://www.customwritingservice.org/blog/sample-essay-on-church-of-england-viewson-
homosexuality/
The document discusses the Freedom Riders and sit-ins during the 1960s Civil Rights Movement. The Freedom Riders tested segregation in interstate bus travel by riding buses through the South. They faced resistance. Sit-ins involved students peacefully protesting segregation at lunch counters through non-violent demonstrations, which also faced resistance in the South. Both protests helped raise awareness of racial inequality and persuaded some whites and the government that reforms were needed.
The document summarizes the main points discussed at the Economic and Social Committee forum regarding the Spratly Island conflict. It recognizes that resolving the issue peacefully is important given the conflicts between involved countries over the sensitive question of sovereignty. It emphasizes the need to divide the islands among signatory states to resolve tensions and encourages the establishment of a multilateral cooperation authority to jointly develop and share the islands' resources, with each country having a say in decisions. It reaffirms that any profits should be shared inversely with country GDP and urges claimant countries to set aside claims and demilitarize the islands for three years to reduce tensions.
Assessing the Capacity of Community Coalitions to Advocate for ChangeInnovation Network
Research has shown that high-capacity coalitions are more successful in effecting community change. While a number of coalition assessment tools have been developed, documentation is scarce regarding how they are implemented, how the results are used, and whether they are predictive of coalition success in collaborative community change efforts. Developed for a health promotion initiative of a major health foundation, this tool is designed to assess coalition progress in eight key areas across twelve different community coalitions, over the course of a three year initiative.
On May 21, 2013, Veena Pankaj, Kat Athanasiades, Ann Emery, and Johanna Morariu gave a presentation titled "Assessing the Capacity of Community Coalitions to Advocate for Change." The panel was hosted by the Advocacy Planning and Evaluation Program (APEP) at the Aspen Institute in Washington, DC.
The session focused on a coalition assessment tool that was designed by Innovation Network to assess changes in coalition capacity over time. Presenters shared lessons learned from the first year of the initiative about developing and deploying the assessment tool, as well as what these tools can--and can't--tell you about a coalition's capacity in conducting community change work. In addition presenters shared how information collected from this assessment can be communicated back to the coalitions using data visualization approaches to effectively communicate the data.
A basic workshop for getting a solid start using social media for coalitions. The workshop is being presented at the 2013 CADCA Coalition Leadership Forum, Feb 4-8, 2013, Washington, DC. All workship materials available at http://bit.ly/clf2013
The document discusses the Freedom Riders, who were civil rights activists in the 1960s who rode interstate buses to challenge laws that enforced segregation in public transportation. They faced extreme violence from white supremacists, but their actions helped draw national attention to the injustices of segregation and prompted federal legislation banning discrimination in public transportation. Their nonviolent tactics, which some found controversial, were effective at creating social and political change through courageous acts of civil disobedience. The document poses questions about the Freedom Riders' motivations, strategies, and legacy.
Daniel Nepstad at "Taking stock of REDD+"CIFOR-ICRAF
Presentation by Daniel Nepstad, President and Executive Director, Earth Innovation Institute at 'Taking stock of REDD+: Past, present and future' Discussion Forum on the second day of the Global Landscapes Forum 2015, in Paris, France alongside COP21. For more information go to: www.landscapes.org.
Tripartite dimension of interaction of patients, regulators and industry (Jan...jangeissler
This document discusses the importance of interaction and partnership between patients, regulators, and industry in medicine research and development. It acknowledges that patient involvement enhances the quality of research, evidence, transparency, and mutual respect. The document outlines some challenges to interaction, including siloed thinking and lack of trust, and notes that EUPATI has helped improve collaboration but long-term sustainability is key. The objectives of the event are to share experiences of pilot projects involving these stakeholders and ensure their interaction is understood and trusted.
Transparencia fiscal e intercambio de información. El convenio multilateral B...contenidos-ort
Este documento resume la evolución de la transparencia fiscal y el intercambio de información, incluyendo el Convenio Multilateral BEPS. El Convenio Multilateral BEPS es un instrumento flexible que establece estándares mínimos para prevenir la evasión fiscal, como medidas contra el abuso de convenios tributarios y la resolución de disputas. El Convenio entrará en vigor una vez ratificado por 5 jurisdicciones y aplicará sus disposiciones a los convenios tributarios existentes de manera gradual.
Michael Marick - Breaking down barriers in policyholder- insurer disputes ove...Michael Marick
Corporate policyholders/insureds who have been sued share a common interest with their liability insurers—successfully defending those lawsuits. Yet insureds and insurers often disagree on the choice of defense counsel and how much the insurer must pay toward legal bills. These disputes are costly and, in most instances, can be avoided.
Nbi Seminar Defense Strategies In Personal Injury Casesrfoos
This document discusses ethical considerations in personal injury defense strategies. It defines the tripartite relationship between the client, insurer, and attorney. While both the insurer and attorney must serve the client's interests, joint representation is allowed if interests are aligned. However, conflicts between parties must be handled carefully according to rules of professional conduct regarding competence, scope of representation, communication, and conflicts of interest. Case law has found joint representation permissible if potential conflicts are addressed individually.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...Terrell Patillo
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
The document discusses four primary jurisdictional issues affecting the insurer-insured relationship:
1) Venue, choice of law, and mandatory arbitration clauses that can modify parties' rights and obligations under an insurance policy.
2) How "four corners" vs. "all available facts" jurisdictions approach defense rights, obligations, and investigations.
3) How jurisdictions approach the legal concept of "breach" of the duty to defend and its ramifications.
4) How jurisdictions evaluate available damage rights and remedies.
The panel will explore these issues through moderator Gary Gassman and presentations from industry professionals.
This document summarizes a training seminar on insurance for financial associates. It provides details on the seminar such as the date, time, location, and presenter. It then outlines 15 topics that will be covered in the seminar related to insurance principles, products, regulations and ethics. The document continues to define key insurance terms and concepts like express, implied and apparent authority of agents and discusses issues like rebating, twisting, misrepresentation and replacing policies. It emphasizes the importance of ethical conduct for insurance agents.
Home Inspector's Insurance & Risk Management - July 19, 2013Gerald Brunker
Home Inspector professional liability, general liability and other applicable insurances for home inspectors. Risk management tips and hints and home inspector claim information.
This newsletter discusses two cases related to insurance coverage. The first case involved a wrongful death claim where the insurer settled with one heir but was later sued by other unknown heirs. The court found the insurer was not protected by settling pre-litigation. Insurers should use genealogists to identify all heirs or have claimants file a lawsuit to receive protection. The second article summarizes various cyber risk insurance policies available to businesses to cover losses from hacking or security breaches. It notes various state and federal regulations regarding notification of privacy breaches.
Ethical Issues In The Tripartite Relationshipamystewart
PowerPoint presentation addressing the ethical issues confronted by lawyers involved in the tripartite relationship between the insurer, the insured and defense counsel
MEDICAL MALPRACTICE - CASE SELECTION AND MANAGEMENT (DEFENSE) Robert Waterman
This document discusses potential conflicts of interest that may arise in medical malpractice defense cases and the applicable rules for addressing them. It notes that most medical malpractice clients are insured and cases are assigned to defense counsel by insurers. The document outlines rules regarding concurrent conflicts of interest between clients and duties to former clients. It also discusses specific issues like aggregate settlements, coverage disputes, defending principals and independent contractors, and permissive counterclaims that require evaluating whether a conflict exists.
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" i...NationalUnderwriter
Under the Right Circumstances, an Insured Entitled to "Independent Counsel" in California Can Retain More Than One Firm
by Carey B. Moorehead
In a case of first impression, a California district court has ruled that California law does not preclude an insured from
retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of
rights. The court’s ruling came in the case of Signal Products v. American Zurich Insurance Company, et al.
The Signal Products court was called upon to interpret California Civil Code §2860 in the context of cross-motions for summary judgment between American Zurich Insurance Company and its insured Signal Products, Inc., the defendant in a trademark infringement action. Zurich had agreed to defend Signal under reservation of rights and consented to Signal’s retention of independent counsel.
RETS Presentation - Home Inspector's Insurance & Risk ManagementGerald Brunker
This document provides an overview and summary of home inspector's insurance and risk management. It discusses the home inspection industry, inspector duties and liabilities, types of insurance like professional liability and general liability, and tips to reduce liability exposures. The key points covered are the regulation of home inspectors, what constitutes negligence, types of insurance required by states like Texas, and how claims are handled under different insurance policies.
The document discusses the duty of fair presentation under the Insurance Act 2015 in the UK. It states that to meet this duty, an insured must disclose every material circumstance known or that should be known, provide sufficient information for the insurer to ask further questions, and ensure representations of fact or belief are made in good faith. It defines key terms like material circumstances, whose knowledge is attributed to the insured, and what constitutes a reasonable search for information. Failure to meet this duty of fair presentation could allow insurers to avoid the policy or adjust claims.
Legal ethics encompass codes of conduct for lawyers and others in the legal field. In the US, each state regulates law practice through rules of professional conduct based on the ABA's Model Rules. Lawyers must maintain integrity, keep client confidences, and avoid conflicts of interest. Violations can result in discipline up to disbarment. A fiduciary duty requires acting solely in a principal's interest without profiting oneself. Professional responsibility concerns lawyers fulfilling duties to clients, obeying laws, and avoiding misconduct.
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
Wyatt Legal Services Pllc Attorneys At Law Contract For Legallegal3
This document is a contract for legal services between Wyatt Legal Services and a Medicaid applicant. It outlines the terms of the agreement, including promises by the firm to provide legal representation and keep information confidential. It also includes promises by the client to pay fees, provide truthful information, and follow the firm's advice. The contract covers the scope of services, governing law, and signatures of the client and responsible party.
This document discusses the ethical duties of defense counsel appointed by an insurance company to represent an insured party. It examines whether the insurance company is considered a client in addition to the insured in different scenarios. Specifically, it analyzes situations involving reservations of rights, non-reservations of rights, and other instances where the law firm has previously appeared for the insurance company. The document concludes that while the insured is always the primary client, there is disagreement about whether an attorney-client relationship exists between the defense counsel and insurance company in some non-reservation of rights cases.
Better safe than sorry: Notifying Your Insurer About Potential ClaimsDaniel Gunter, ARM
This document discusses the importance of notifying your professional liability insurer about potential malpractice
claims. It explains that professional liability policies are "claims made" policies, meaning the key date is when the
claim is first made, not when the error occurred. It advises lawyers to notify their insurer as soon as they become
aware of any facts or circumstances that could reasonably lead to a claim, in order to attach the incident to their
current policy. Early notice may help prevent issues from escalating and provides access to insurer resources.
Prompt reporting almost never increases premiums and denial of renewal is rare when firms operate safely and
work to reduce risks. Failure to report can create gaps in coverage
Malpractice Suit Against Trustee Who Failed to Inform Beneficiaries of Potent...theBurgessGroup
The successor trustees and beneficiaries of the Vitello family trust sued Kathleen King O'Brien, a Michigan lawyer, for malpractice in her handling of a policy owned by the trust when she was the trustee. O'Brien sought coverage from her malpractice insurer, Hartford Casualty. But it denies her claim because she had failed to timely notify it of the reasonably foreseeable possibility that the Vitello trust would pursue a malpractice claim against her.
This document appears to be the agenda for a conference on issues related to the selection and payment of legal counsel in insurance defense cases. The agenda covers topics such as when the insured or insurer selects counsel, how defense fees and costs are shared between multiple insurers, common areas of dispute over rates and defense shares, and insurer guidelines for defense counsel. It also addresses issues like allocating fees for joint and non-insured activities, additional insured rights, and mechanisms for resolving fee disputes.
Similar to Ethical Issues in the Tripartite Relationship (20)
4. Unique to insurance defense context
Insurer must defend insured
Insurer retains lawyer to defend insured
Lawyer defends insured’s interests, but is
paid by the insurer
12. Cincinnati Ins. Co. v. Willis
Still leading Indiana case
on duties owed in
tripartite relationship
Famously approved of
insurer’s in-house
counsel and “captive”
firms defending insureds
Detailed discussion of
tripartite relationship
13. Court noted “extensive debate…as to whom the
attorney represents in [the tripartite relationship].”
Debate was “whether only the insured or both the
insured and the insurer should be viewed as the client.”
“[It is] unrealistic to ignore the client relationship with both. Joint
representation may become problematic, particularly if issues of
disclosure of confidences arise. For example, the attorney may gain
information from the policyholder-client that may affect the insurer
client’s coverage obligation. But that is no basis for prohibiting the
arrangement in all cases. Whatever issues joint representation raises
appear to be wholly independent of the attorney’s status as an
employee of the insurer or a member of a law firm. Second, there is
nothing inherently wrong in common representation of two parties
where their interests are aligned. Professional Conduct Rule 1.7
provides direction “[w]hen representation of multiple clients in a
single matter is undertaken....” In this respect, the insured and
insurer present no qualitatively different situation from any other
pair of commonly represented clients.”
14. In Indiana, both insurer and insured are
clients of the lawyer…
…when everything is going well.
But what happens when problems arise?
15. Interest of Person Paying for a Lawyer’s Service
[13] A lawyer may be paid from a source other than the client, including a
co-client, if the client is informed of that fact and consents and the
arrangement does not compromise the lawyer’s duty of loyalty or
independent judgment to the client. See Rule 1.8(f). If acceptance of the
payment from any other source presents a significant risk that the
lawyer's representation of the client will be materially limited by the
lawyer's own interest in accommodating the person paying the lawyer's
fee or by the lawyer's responsibilities to a payer who is also a
co-client, then the lawyer must comply with the requirements of
paragraph (b) before accepting the representation, including
determining whether the conflict is consentable and, if so, that the client
has adequate information about the material risks of the representation.
16. Siebert Oxidermo, Inc. v. Shields
Default judgment case;
multiple attempts to set
aside default
One basis was alleged
misconduct of carrier’s
attorney, which was
representing defendant
17. Company complained its lawyer was employed by the
carrier
Company alleged lawyer had incentive to not zealously
defend
Supreme Court adopted Court of Appeals ruling
“[W]e point out that on a daily basis defense attorneys employed by
insurance carriers on behalf of policyholders are called upon to deal with
matters in litigation where the interests of the policyholder and the
carrier do not fully coincide. Under such circumstances the
attorney's duty is, of course, to the insured whom he has been
employed to represent. In response the defense bar has exhibited no
inability to fully comply with both the letter and the spirit of Canon 5 of
the Code of Professional Responsibility. If it were otherwise we suspect
the desirability of requiring carriers to supply defense counsel would
have long since disappeared as a term of the policy.”
18. So, both the insurer and insured are clients, but
your duty is,“of course,” to the insured when
problems arise.
21. Insurer litigation guidelines were created to
control what defense counsel does
Late 90s: Legal Ethics Committee reviewed
some of the then-prevailing guidelines
22. identify reimbursable expenses, hourly fees for various levels of
professionals, and permitted activities by each group. It is required that
defense counsel employ a “team” approach in defending a given insured,
which team includes a senior litigator, an associate, and a paralegal/law
clerk. Unless otherwise approved by the carrier, the senior litigator is
solely responsible for the actual trial of a given case.
Regardless of which member of the team actually provides a given legal
service, only the hourly rate applicable to the least skilled
professional who could have handled such matter will be paid
by the carrier. Further, when two or more members of the team confer
about a given legal matter, a charge for the services may be made only by
the attorney assigned to the matter, unless approved by the claims
representative of the carrier in advance, even though the contract recites
that conferences and strategy sessions may be necessary upon occasion.
The preparation of intra-office memoranda is not regarded as a billable
service.
23. The carrier expects that to the extent appropriate for the matter at hand,
paralegals, junior associates and/or law clerks will perform any
necessary legal research. “Repetitious revisions” of documents and
proofreading will not be compensated. Organizing and indexing medical
records (to be obtained in most cases only by the carrier) are defined as
non-billable clerical services. Review and summarization of medical
records (including records produced in medical malpractice litigation) is
to be conducted by paralegals. Time required to travel within the
attorney’s assigned geographic territory may not be billed,
and travel time outside the territory may be billed only at a
substantially reduced rate.
In its review of statements for services, the carrier will not pay for
legal services that do not comply with the guidelines. Rather
than making a partial payment, the entire invoice will be returned to
defense counsel unpaid until there is compliance with the prescribed
detailed format and/or the “proper documentation” is supplied.
The guidelines further recite that should any situation arise that raises
ethics-related questions during the course of the relationship between
the carrier and the defense counsel, counsel’s concerns should be
expressed directly to the Senior Vice President, Claims.
24. Guidelines that result in “material disincentives to
perform those tasks which, in the lawyer’s
professional judgment, are reasonable and
necessary to the defense of the insured” are
“ethically unacceptable.”
“Ethically impermissible:” Guideline that prohibited
another associate from being assigned to work on
the file until approved impaired “the responsible
attorney’s exercise of professional judgment as to
the assignment of the most effective member of
the litigation team to a given task.”
25. Guideline that appeared to require that the
lawyer rely upon legal research by an
unsupervised paralegal “invites legal
malpractice—a breach of counsel’s duty to
the insured—and is intolerable.”
Some good news: the days of the truly
draconian guidelines appear to be behind us.
27. Late 90s: Legal Ethics Committee ruled that
defense counsel can’t disclose bills to insurer’s
outside auditors if bills contained confidential
or privileged information
Pro Tip: Don’t put confidential or privileged
information in bills
Assume that all bills will be made public
28. Modern Problems:
Billing Review Software
Many corporate clients now require bills to be
submitted electronically
Software reviews bills for compliance
Lawyers alter way time is billed to ensure entries
aren’t rejected
30. Richey v. Chappell
Court of Appeals:
required insurer to
produce statement made
by the insured to the
insurer five days after
auto accident
Supreme Court: Reversed
based on concerns about
relationship between
insurer and insured
31. One of the primary duties placed upon insurers by the issuance of a
liability insurance policy is the obligation to defend claims filed by third
persons against the insured. In order to effectively defend the claim, the
insured must be questioned about sensitive matters which may be
embarrassing, incriminating, or detrimental to the insured. The failure to
cooperate may invalidate coverage…and even an insured's constitutional
right against self-incrimination may not override the insured's duty to
cooperate with the insurance company. In connection with its obligation
to defend claims, the insurance company retains an attorney, not usually
of the insured's own choosing, to represent the insured. Statements from
the insured are then used by the attorney to assist in the defense of the
insured, just as statements given by plaintiffs to their own attorneys are
used to assist in the prosecution. Uncertainty about whether the
insured's statements are discoverable gives rise to a conflict about
whether a statement should be given at all, and undermines what should
be a cooperative relationship among the insured, insurer and attorney.
An insured's relationship to the insurance company requires
full disclosure by the insured without fear that the statement
may be later obtained by the claimant.
32. So, "where the policy of insurance requires
the insurer to defend claims against the
insured, statements from the insured to the
insurer concerning an occurrence which
may be made the basis of a claim by a third
party are protected from disclosure."
This makes Indiana somewhat unique.
35. Usually arises when insurer reserves rights
Where claims outside of policy, Indiana gives
insurers two options:
1. File dec action
2. Hire independent counsel and defend
under reservation of rights
36. Armstrong Cleaners, Inc. v. Erie
Ins. Exchange
Erie defended pollution
claim under reservation
of rights
Denied request for
independent counsel
37. “[N]ot every reservation of rights poses a conflict for defense counsel. If
the coverage dispute turns on issues that are independent of the issues in
the underlying lawsuit, one lawyer selected by the insurer can handle the
underlying litigation, and the insured and insurer can resolve the
coverage dispute separately.”
[W]hether the potential conflict of interest is sufficient to require the
insured's consent is a question of degree that requires some predictions
about the course of the representation. If there is a reasonable possibility
that the manner in which the insured is defended could affect the
outcome of the insurer’s coverage dispute, then the conflict may be
sufficient to require the insurer to pay for counsel of the insured's choice.
Evaluating that risk requires close attention to the details of the
underlying litigation. The court must then make a reasonable judgment
about whether there is a significant risk that the attorney selected by the
insurance company will have the representation of the insureds
significantly impaired by the attorney’s relationship with the insurer.
38. Court was not concerned with reservation
based on pollution exclusion (unenforceable in
Indiana) or generic reservation based on later
discovered facts
But, allocation of liability did raise conflict
warranting independent counsel
"Less than vigorous defense" might strengthen
Erie's coverage defense based on culpability
39. Takeaway: Independent counsel not required
in every case
Requires examination of how litigation might
play out and parties' incentives
If how insured is defended might affect
coverage, more likely that independent
counsel is needed