Bad faith by design: the third-party liability setup

Article Abstract:

Plaintiff's attorneys have begun to use strategically planned ways to create bad faith on the part of insureds in order to increase jury awards in insurer liability claims. For bad faith to be alleged, the insurer and insured must have discussed a settlement offer within the limits of the policy in question, and not for an amount higher than the policy's limits. Manipulating the timing and amounts of these settlement offers has been the primary way plaintiff's attorneys have 'created' bad faith.

Bad faith (Law)

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Where there's smoke, there's fire: the absolute pollution exclusion and hostile fires

Article Abstract:

Liability insurers who rely on the absolute pollution exclusion to protect themselves from their insured's liabilities arising from hostile fires may be placing too much faith in the exclusion. Courts have ruled that smoke damage from such fires is not covered by the exclusion, and the definitions of hostile fire have been manipulated in court to force insurers to pay. Furthermore, insureds are likely covered under the concurrent causation and reasonable expectations doctrines anyway.

Contracts, Liability insurance, Insurance, Environmental law, Insurance policies, Liability for fire damages

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Employers as cross-defendants in third party actions: a cost-based analysis

Article Abstract:

Third party defendant's in personal injury cases in which employer's are negligent should be able to name the employer as a cross-defendant as doing so greatly reduces the cost and burden of the discovery process involved in showing the employer's negligence. Though the employer cannot be held liable for damages the third party must pay to the injured worker, the evidence of negligence on the part of the employer s often important to the third-party's defense.

California, Discovery (Law)

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