Recently added articles from FICC Quarterly:
Playing by the rules: Violations of ethics rules as evidence of legal malpractice
Jul 01, 2001; ... I. INTRODUCTION For lawyers, the relationship between professional responsibility and professional liability is both unsettled and unsettling. As lawyers receive increasingly critical public scrutiny, the lines between attorney disciplinary systems and the civil justice system ...
Binding arbitration of coverage and bad faith disputes: A way out of the thicket for the American insurance industry
Jul 01, 2001; ... cow This article sets forth a unique and intriguing idea: can an insurer insert a requirement in its policy that all disputes concerning coverage or bad faith be submitted to binding arbitration, and providing further that in the event the arbitrator awards punitive damages, they be ...
Punitive damages: An analysis of the states' response to B.M.W. v. Gore
Jul 01, 2001; ... I. INTRODUCTION Punitive damages are subject to award in nearly all states.1 In most states, punitive damages are also insurable.2 After carefully analyzing punitive damage verdicts across the country, and drawing upon professional observation, it appears that punitive damages ...
Ethics and the attorney as mediator or third party neutral
Jul 01, 2001; ... I. INTRODUCTION The use of mediation and other alternative dispute resolution (ADR) methods has increased dramatically over the years. Lawyers, judges and the parties involved in a dispute should all be aware of the advantages and disadvantages of the different methods ...
Tactical considerations when conducting voir dire
Jul 01, 2001; ... I. INTRODUCTION Jury selection is the most important phase of the trial. It is the first opportunity the attorney has to perform and to present his/her side of the case. It is the only opportunity for the attorney to talk with the jurors on a one-to-one basis. The attorney ...
Charitable foundations in corporate reorganizations: Insurers can learn from the thrift industry
Jul 01, 2001; ... I. INTRODUCTION Insurers that seek to reorganize from mutual to stock form would be well advised to draw upon the experience gained by the thrift industry as they consider the corporate restructuring process. One initiative successfully utilized by thrifts that may be of ...
Life insurance and the homicidal beneficiary: The insurer's responsibilities under state slayer laws and statutes
Apr 01, 2001; ... I. INTRODUCTION The ability to name the beneficiary is one of the most important rights possessed by the owner of a life insurance policy.1 The person having the right to designate a beneficiary may name anyone he or she chooses and, generally, every person is eligible to be ...
Neurologically impaired babies?
Apr 01, 2001; ... I. INTRODUCTION Each year, millions of dollars are transmitted from health care providers to plaintiffs on the premise that babies have suffered neurological impairment at birth. The purpose of this article is not to conduct scientific analysis but to discuss the knowledge ...
The changing role of liability insurance: Contract of indemnity or source of compensation?
Apr 01, 2001; ... I. LIABILITY INSURANCE AS A CONTRACT OF INDEMNITY Business firms purchased the first liability insurance in the late 1800s to provide a source of indemnity for tort claims asserted by their injured employees.1 Theretofore, liability insurance would have been deemed contrary to ...
The devil is in the details: How to prevent bad results in a good case
Apr 01, 2001; ... The electronic age has been a boon to the legal community. Things such as document storage, computerized legal research and the speed of email messaging have been of profound importance. However, as with many other things, benefits at times are countered by disadvantages. Continuing our ...
Prelude: Document retention in the electronic age
Apr 01, 2001; ... I. INTRODUCTION The best laid schemes of mice and manufacturers are oft times led astray1 by a careless word that never should have been uttered in the first place. The word in question is often found in a document that long since should have been destroyed as part of a ...
E-commerce and products liability: A primer on exposure at the speed of light
Jan 01, 2001; ... I. INTRODUCTION Product sellers face both promise and peril as they move into the world of electronic commerce (E-commerce). The promise is obvious: global markets beckon at the speed of light. This article addresses one of the evolving legal perils associated with ...
Corporate relationships, successor liability and insurance coverage
Jan 01, 2001; ... I. CORPORATE RELATIONSHIPS A. Nature and Attributes of a Corporation The term "corporation" was early defined by the United States Supreme Court as "an artificial being, invisible, intangible, and existing only in contemplation of law."1 Despite its longevity, this ...
Coverage for EIFS claims under the standard CGL policy
Jan 01, 2001; ... I. INTRODUCTION Exterior insulation finish system (EIFS, sometimes known as artificial stucco or fake stucco) is a building system that integrates a resinous exterior cladding with a continuous layer of insulation, wrapped around the exterior of buildings. These systems are ...
New strategies for dealing with first party claims for bad faith
Jan 01, 2001; ... I. INTRODUCTION By definition, bad faith claims - both first and third party - involve the same implied covenant of good faith and fair dealing. Breach of that implied covenant involves something more than a breach of the specific duties enumerated in the contract; it involves ...
Insurance bad faith: Assignments, consent judgments and covenants not to execute
Jan 01, 2001; ... I INTRODUCTION Disputes between liability insurers and their insureds over the settlement of claims often result in assignments. The insured settles with the claimant and assigns to the claimant any rights the insured has against its insurer. In this manner, the insured removes ...
Bad faith cases: Ethical issues for defense counsel
Jan 01, 2001; ... I. INTRODUCTION As claims against insurers for extracontractual liability become the rule rather than the exception, defense counsel must increase their awareness of ethical problems that involve bad faith claims. Most ethical questions implicated in bad faith cases relate to ...
Domain names in the realm of trademark law
Oct 01, 2000; ... I. INTRODUCTION Internet domain names -- a recent breed of commercial identifiers -- have become so pervasive in the realm of business that pressing questions have surfaced about their legal nature and status. As businesses world-wide embrace the new marketplace (i.e., ...
State variations on the Daubert theme: California
Oct 01, 2000; ... I CALIFORNIA'S BACKGROUND ON ADMISSIBILITY OF EXPERT TESTIMONY The California Supreme Court's unanimous 1976 decision in People v. Kelly1 examined the admissibility of expert testimony when such testimony is based upon new scientific techniques. The Kelly opinion set forth various ...
State variations on the Daubert theme: Florida
Oct 01, 2000; ... I. BACKGROUND In Florida the admissibility of expert testimony is governed by the Florida Evidence Code, which is codified at Chapter 90 of the Florida Statutes: Testimony by Experts - If scientific, technical, or other specialized knowledge will assist the trier of ...