Tara Pollitt

For the one or two people out there who regularly follow this blog (thanks Mom), you may have noticed that there have been new contributions made in the last month by Tara Pollitt. There is also a new photo on the main page - the white haired guy is me, in case you couldn't guess.

So, this is to officially announce that Ms. Pollitt is now a co-editor/writer. Tara grew up in Owen Sound. She received an undergraduate degree at the University of Waterloo and a law degree from the University of Western Ontario. Suffice to say, she is smarter than me. Tara practiced law initially on the plaintiff side for several years at a well-known plaintiff's law firm before switching over to practice law exclusively for insurance clients. We at McCall Dawson are glad she made the change. So are her clients.

I am very happy to have Tara join me on this blog. We hope you enjoy our regular legal updates in the weeks and months to come. We are always happy to have your comments.

For anyone affected by the changes in the flood plain maps

Yesterday I posted on the changes to the flood plain maps in Massachusetts. Jenifer McKim, a reporter with The Boston Globe, is interested in speaking with people whose flood insurance has been or will be affected by the new maps. If you are interested in speaking with her you can reach her at jmckim@globe.com.

Changes to flood plain maps in effect or coming soon in Suffolk and other counties

Jenifer McKim of The Boston Globe alerted me to changes in flood plain maps being implemented in Massachusetts.

I have posted here and here about the National Flood Insurance Program. In that program FEMA subsidizes and at time issues flood insurance to homeowners.

Mortgage lenders require homeowners who live within flood plains to have flood insurance. FEMA is in the process of changing its flood plain maps county by county in Massachusetts.

I spoke with Chris Busch, the Executive Secretary of the Conservation Commission for the City of Boston. He informed me that the new maps for Suffolk County (which is Boston) went into effect on September 25, 2009. The changes to designated flood zones are based on better computer imaging of topography since the last time the maps were updated, between 1982 and 1990.

The City of Boston made an effort to contact homeowners whose houses are newly designated in flood plains, because if they purchased flood insurance before September 25 their old rates could be grandfathered in. There are some homeowners whose property was in a flood plain under the old maps but not under the new maps. They may not be required to carry flood insurance any more, but neither the city nor FEMA has made an effort to contact them. Dorchester is the most affected neighborhood in Boston, particularly Savin Hill and Port Norfolk.

Mortgage lenders can require homeowners to have flood insurance even if they are not in a flood plain, if they are in a "buffer zone"--an area outside by near a flood plain.

Changes to the Rules of Civil Procedure - Part 1

Substantial changes to the Rules of Civil Procedure come into effect January 1, 2010. This is part 1 of our review of the amendments.

A brand new rule has been created which introduces a “discovery plan”. This is a document created by the parties which will set out things such as the scope of discovery, timelines for service of Affidavits of Documents and names of persons to be examined. There is no prescribed form for the discovery plan, so precedents will have to be developed. This rule presumes a level of cooperation between counsel which may or may not exist. The aim of the rule is to make the process of documentary and oral discovery more streamlined and efficient; however, it could result in a new area of dispute between parties. It could be especially difficult in cases involving self-represented litigants to come to agreement on the elements of the discovery plan. If there is no discovery plan, a judge on a motion can refuse to grant the relief sought; for example, on an undertakings motion, the court could refuse to order the undertakings be complied with if there is no discovery plan. It would seem prudent to “paper the file” if counsel is unable to come to an agreement on the discovery plan, so that at least there is proof that an attempt at complying with the rule was made.

Although the discovery plan aims to make discovery more efficient, it is possible that it increases cost, at least in the short term, as counsel develop a standard practice for the discovery plan.

Appellate Division holds no right to PIP benefits where medical bills have been paid by Medicare and Medicaid

In Chery v. Metro. Prop. and Cas. Ins. Co., 2009 WL 3381597, an insured sought PIP payments for a medical bill of $360.63. The bill had been paid by Medicare and Medicaid prior to the insured submitting it to the PIP carrier.

The court held that the PIP carrier had no obligation to pay the bill because the PIP statute:

mandates only that PIP payments “shall be due and payable as loss accrues, upon receipt of reasonable proof of the fact and amount of expenses and loss incurred.” As the $360.63 Caritas bill had been paid in full in April, 2008, it was not even “due and payable” when submitted to Metropolitan in June 23, 2008 . . . . Further, Chery's concern about future action by Medicare or Medicaid to seek reimbursement out of any potential tort recovery by her against the tortfeasor in no way suggested any obligation by Metropolitan to provide PIP benefits for the paid bill. “The PIP ‘benefit’ to an injured person, in substance, is the right, inter alia, to be held harmless by the insurer from claims of providers who provided treatment to the injured person.” Ny v. Metropolitan Prop. & Cas. Ins. Co., 51 Mass.App.Ct. 471, 476 (2001). Chery was in no danger of any claim against her by Caritas, whose bill had been paid in full.

U.S. District court holds that there is no coverage to indemnify officers and directors where there is no coverage elsewhere in the policy

In my last few posts I've been discussing Genzyme Corp. v. Fed. Ins. Co., 2009 WL 3101025.

The court held that, because there was no coverage elsewhere in the policy, there was also no coverage under a clause covering all loss for which the insured granted indemnification to its officers and directors. The ruling was based on the public policy that allowing coverage in such circumstances would lead to fraud and chicanery:

[I]t makes little sense to allow a corporation to sidestep coverage limitations in its insurance policy through the simple expedient of claiming that a settlement payment was made to indemnify its directors and officers. Since a corporation can only act through its corporate agents, it will often be the case that when a shareholder can bring a claim against the corporation, she can also bring one against its directors and officers. As the court concluded in the New York case of Reliance Group Holdings, Inc. v. National Union Fire Insurance Co., 188 A.D.2d 47, 54, 594 N.Y.S.2d 20 (N.Y.App.Div.1993), the approach supported by Genzyme would encourage fraud by insured corporations:

Under the construction urged by [the insured corporation and its officer], if an officer or director was sued together with the corporation, the corporation could make full or partial restitution of the embezzled or fraudulently obtained funds purportedly on behalf of its officer, adopt a resolution indemnifying the officer, and then successfully make claim against its D & O insurer for the full amount of the settlement.

The Court refuses to construe the Executive Protection Policy in a manner that would encourage such chicanery.

How much insurance do I need?

What type of insurance is right for me?

There are many factors to consider when determining how much insurance you need. You need to look at variables such as how many children you have, whether they plan to go to college or have special needs. You also need to know how many years are left on your mortgage and how much debt you have. An experienced financial professional can use the answers to these questions and others to help determine how much life insurance you need.

Your next step is to decide which type of coverage best fits your needs: term insurance, which offers a death benefit for a specific period of time, or permanent insurance, which can provide lifetime protection plus the potential to build cash value tax-deferred.

There are no hard and fast rules as to which type of coverage to choose. However, when you're starting out in your career or your children are young, you might find term insurance to be a cost-effective way to cover a short-term need (generally 20 years or less). On the other hand, if you choose a permanent insurance policy, such as whole life or universal life, you can potentially build cash value that you can access during your life on a tax-advantaged basis. Since permanent insurance has a cash value component, the premiums may initially be more costly than those for term insurance.

Which choice is right for you? It depends on a variety of factors, including your cash flow, your investment portfolio and how many years you plan to keep your coverage. Also, you'll need to review your insurance coverage regularly to make sure it still meets your needs and addresses any changes in your situation. A financial adviser can help you make the right selections.

Insurance crucial in irrevocable trust

By J. Brendan Ryan • October 23, 2009
Estate planners often recommend that clients set up an irrevocable trust and direct the trust to buy life insurance on the life of the client or jointly on the lives of the client and spouse.
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Properly arranged, this technique allows the death benefit to be payable at the death of the insured(s) without having the death benefit included in the estate for estate-tax purposes. After all, the trust, not the insured(s), owned the policy all along.

What type of insurance is best for this technique?

Rarely does an adviser recommend term insurance for this technique. While many younger breadwinners are content to use term insurance to protect the kids while they are growing up, even they know that this type of insurance gets too expensive after the initial period of ten or twenty years. And insurance for estate-tax planning probably will not be called upon in most cases until later ages. Likewise, starting a term policy at later ages, even if one is still insurable, is an expensive proposition.

If we eliminate term, we are left with permanent insurance, that is, whole life or universal life.

I almost always recommend universal life (UL) in this setting because its cost and flexibility are very compelling.

But some of the flexibility of the original UL, still available today, can be a downside, related to both the interest credited to the cash value and the monthly charges deducted from the cash value. Since these amounts can change, the trustee must constantly monitor the policy to be sure that the cash value stays strong enough to support the policy. Otherwise premiums will have to be increased.

But the later generation of UL contains what is known as the "secondary guarantee," which solves that problem. It says that, as long as the planned premium is paid as due and no significant changes are made to the policy, the death benefit is guaranteed to be there. Many obtain such coverage through a tax-free (or 1035) exchange rollover of cash value from an older policy. Those trustees often accomplish with the stroke of a pen an increase in coverage, a guarantee that they will never have to pay another premium, and a worry-free guarantee of the full death benefit.

The trade-off for this rock-solid guarantee is that the new policy's cash value is eventually locked up and thus unavailable for loan or withdrawal.

But the cash value in an irrevocable trust is usually not a feature that trustees rely upon. Rarely does the trustee ever make cash distributions before the grantors die and the death benefit paid out.

In the irrevocable-trust setting, the later generation of UL with its secondary guarantee is often the safest, most cost-effective life-insurance policy available.

A Different Type of Life Insurance

Submitted by Staff on October 25, 2009 - 2:46pm. Business | Insurance
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Best Syndication News

Making the decision to purchase life insurance is one of the most important decisions of your life. Because the decision is so important, you want to make sure to do your homework. First decide what type of insurance would work best for you. Do you want one that is permanent or one that you can change? Do you mind taking a physical to get insurance or do you want insurance with no medical exam? What is your price range? These are all important decisions to make before you settle into a company and start paying premiums.

When you buy life insurance there are some things to consider. Make sure that the coverage you decide on will cover all your debts. You don't want your family to inherit your financial burdens. Also make sure that the premium will also support your family for some time, especially if you are the primary bread winner.

If you are in good health and you don't want to go to the doctor, then no medical exam life insurance may be the best type of insurance for you. If you do have some serious medical problems then this type of insurance just isn't available in your case.

Once you've decided what type of premium you need and what type of insurance to get, then you just need to shop around online. With this type of insurance there are a lot of companies on the Internet that offer free quotes. Insurance for your life that doesn't require you to get a physical is a different type of insurance because you can get lots of different quotes and only spend a little bit of your time. Time is a commodity that a lot of people don't have, so spend it wisely. You want to get at least three quotes before making a decision.

With no medical exam life insurance, getting this insurance is just a quote away. You can do all the research yourself in a fraction of the time it would take to apply for other types of life insurance. The important thing to remember when getting any type of life insurance is be informed. Protecting your life is an important decision so don't take it lightly. Knowing what's available and how much you can afford are the most important factors. Life insurance is important but it shouldn't take up your life to find the right coverage for your family.

U.S. District Court discusses meaning of "purchase"

In my last couple of posts I have been discussing Genzyme v. Fed. Ins. Co., 2009 WL 3101025 (D. Mass.).

The court held that a separate, sufficient ground to find no coverage for the stock-trade transaction was a "bump-up provision" of the policy, which stated that the insurer would not be liable for a loss "based upon, arising from, or in consequence of the actual or proposed payment by any Insured Organization of allegedly inadequate . . . consideration in connection with its purchased of securities issued by any Insured Organization." (Italics added.)

The insured admitted that it gave one class of shares, which are the equivalent of money, to holders of another class of shares in exchange for their relinquishment of those shares. The insured argued that it did not obtain anything in return. The court disagreed, holding that the insured "acquired an intangible right that it did not possess before - the right to cancel the outstanding Biosurgery Division tracking stock shares, which Genzyme wanted to do in order to reorganize its capital structure." The court held that the share exchange was "unambiguously a 'purchase' within the natural and ordinary meaning of the word."

Sports and Morality

The uproar about the awful officiating of the Arkansas Florida college football game has led to an unprecedented step by the SEC: the public suspension of the ref crew for two weeks.

In case you are not a fan, or missed, www.hogdb.com has a great summary. Suffice to say that unranked Arkansas (my alma mater for undergrad) outplayed the number 1 team in the nation most all of the game. In the last quarter, the refs spotted the ball forward about a yard, whihc gave the Gators a first down. They called a pass interference totally backwards, against the Razorbacks. Then they called a fictional personal foul against the Hogs. Then they let them kick the game wining filed goal after the play clock expired.

Even some Gator fans acknowledge some of this, as does the Southeastern Conference, who said that some calls had no evidence at all. Even some Hog haters are upset.

Why?

Because even opponents expect fair treatment. It is deep down. A Bad call on any team elicits from the crowd a chorus of angry "Boos."

Where did this deep sense of right and wrong come from?

God created us.

Deep down, he placed "eternity in our hearts." All societies enjoy similar moral codes because of the principles God place within each of us, whether we acknowledge Him or not.

And that is how even SEC football can lead to a devotional.

OPCF 44: McGrath v. Arshad, [2008] O.J. No. 5771 (S.C.J.)

This decision clarifies the underinsured provisions of the OPCF 44. The at fault driver, Arshad, had $200,000 in liability insurance. There were multiple plaintiffs, whose claims exceeded $200,000 and would therefore share pro rata. One of the plaintiffs, McGrath, had purchased $2,000,000 in extra insurance but his pro rata share was only $20,000. His insurer took the position that its obligation to pay started at $200,000. The court disagreed and held that the insurer was obligated to make up any shortfall between the actual amount the claimant received from the underinsured driver ($20,000) and his damages up to the OPCF limits ($1,800,000).

Watching Salvation Occur

As a deacon, I have the honor of counseling those who come forward during the church service to make a decision.

People come forward, tearful and unsure.

When they are ready, they pray and ask Jesus into their heart, the change is remarkable. This is true whether they have ever been to church or they were raised in church, rich or poor.

I watch years of guilt, shame, doubt and regret wash from their faces and it is replaced with a glowing countenance. Their eyes clear, and it is like they are a new person. Of course, biblically, that is true. A clean slate provided by the Lover of our souls.

I don't think I could ever get tired of watching this process. It always reminds me of a day 22 years ago, when the same thing happened to me.

Praise be to God.

Why thieves can't get insurance

In my last post I discussed Genzyme Corp. v. Fed. Ins. Co., 2009 WL 3101025 (D. Mass.).

In that decision Judge Gertner included an interesting discussion of a fundamental tenet of insurance law: a "loss" does not include restoration of an ill-gotten gain.

A thief should not be able to claim the return of stolen property as an insurable loss. Similarly, an individual who breaches her contract and then is forced to pay damages should not be able to seek indemnification under an insurance policy. [This is an overstatement; there are circumstances when insurance covers damages flowing from a breach of contract.] If I pay only $100 for an item for which I promised to pay $200, and I am later ordered by a court to pay the additional $100, I should not be able to claim the additional $100 as an insurable loss. Had I paid the full $200 due up front, then clearly no part of the $200 would constitute loss covered by insurance. The dilatory nature of my obligatory payment should not transform it into an insurable event.

U.S. District Court holds that settlement of shareholder claim for unfair stock redistribution is not an insured loss

In Genzyme v. Federal Ins. Co., 2009 WL 3101025 (D. Mass.) Judge Gertner held that a settlement of a claim of unfair stock redistribution is not an insurable loss pursuant to the commonly understood meaning of the word "loss" or under public policy.

The underlying plaintiffs alleged that Genzyme's directors and officers conspired to benefit holders of one type of Genzyme stock at the expense of holders of another type of Genzyme stock. Genzyme agreed to settle the claim by making a payment of $64 million to the plaintiff class, owners of the disadvantaged stock. Genzyme then sought reimbursement from a Directors and Officers ("D & O") insurance policy. Judge Gertner held that the payment was not a "loss" covered by the policy:

Genzyme may not have benefitted in the Share Exchange, but the existing General Division's shareholders surely did. And the Settlement Payment was meant to redress that imbalance. The question then is: When a corporation pays a settlement to resolve a claim that it benefitted one group of shareholders at the expense of another group of shareholders, is this settlement payment an insurable loss? The answer to this question must undoubtedly be "no."

Judge Gertner explained this answer with an analogy to dividing a milkshake between two sons, apparently a reference to the movie There Will Be Blood. While I'm sure her analogy would make sense if I pondered it, or perhaps watched the movie during my copious free time, luckily she also wrote plainly:

Genzyme should not be able to divide the benefits of equity ownership among its shareholders one way, redistribute those benefits, and then demand indemnification from its insurer for the redivision. If Genzyme's interpretation of the Settlement Payment as a "loss" were correct, one could imagine how insured companies could transform insurance policies into profit centers for their businesses. A corporation merely need issue several classes of shares, cancel one class of shares in an arguably unfair way, and then demand that its insurer pick up the tab for the resulting judgment or settlement. The shareholders whose shares were "cancelled" would be compensated through judgment or settlement, and the corporation's other shareholders would obtain the benefits flowing from the share cancellation while shifting a portion of its costs to the corporation's insurer. Everyone would win, except for the insurance company forced to bear the loss of paying off the disgruntled shareholders.

Claim Contact Phone Numbers

Right now.  Before you do anything else, send an email to your insurance agent requesting the current claim hotline number for your insurance companies.



(If you're an insurance agent reading this, why not send the claim hot-line numbers to your clients as a service.)



When the agent gets you the phone number call it to be sure you have the right number.



For your personal insurance you need the claim number for your auto, home, motorcycle, snowmobile, etc. insurance company.



For your business insurance you need the claim number for your property, liablity, and auto insurer.



Keep those numbers where they are easy to find.  Easy for you or anyone else in your organization who may need them.  Make sure those numbers are in every vehicle you own (along with a disposable camera to document an accident).



The faster you report claims, the faster you will get an adjuster moving to help you.



For most cases, it's better to call your insurance company first.  Call your insurance agent later.

Do You Have A Black Book?

A family friend died a few weeks ago.  He had been sick for some time.  After he died, his wife found his black book.



No, not that kind of black book.



He had a notebook with all his Internet login names and passwords for all the sites he visited.  It made it much easier for his wife to access credit card accounts, savings, Internet banking, investment sites and the like.



Do you have a black book that will help your family find what they need if something happens to you?

Distracted Driving Legislation Comes into Effect October 26, 2009

Bill 118, which amends the Highway Traffic Act to prohibit the use of handheld electronic devices while driving, comes into effect October 26, 2009.

Some highlights of the new legislation:

• drivers cannot use handheld devices while driving. This includes cell phones as well as handheld entertainment devices such as iPods, Gameboys and so forth;
• drivers may use devices such as cell phones in hands-free mode;
• drivers cannot view display screens on devices unrelated to driving, such as DVDs or laptops. This does not include GPS systems;
• the use of such devices while off the roadway, not in motion and not impeding traffic is permitted;
• calls to 911 are exempted.

Fines for contravening these provisions range from $60 to $500. Police can also charge drivers with careless driving which has more serious penalties, including imprisonment.

MOVIE REVIEW "The Secret of Jonathan Sperry" out now

I took the kids with some friends and we saw this Christian movie in the one solitary theatre that Malco was showing it, at Wolfchase Mall.

It is set in 1970, and is fictional.

An older man begins to talk with boys who mow his lawn and it leads to a meaningful bible study that grows and changes the lives of many in the little town.

The movie was more like the 50's in the way it portrayed the safe little neighborhoods where everyone knows each other. A crush on a girl is portrayed in an innocent way. His very Bible lesson is filled with fun and creativity (a secret).

There is overt presentation of the gospel several times, and a bit of surprise ending.

You will laugh and you might cry. Your kids, as long they do not expect robots and mayhem, will like it too. It is not very long.

Please consider spending your entertainment dollar on this type of small Christian film, now, before it goes to video.

Thanks for reading.

Jesus: Lord, Liar or Lunatic??

One of the only things I feel was truly accomplished when I was student President of the Christian Legal Society at Memphis State/The University of Memphis was that we handed out 200 copies of Josh McDowell's great little book, "More Than a Carpenter" to all incoming freshman law students. We also included the appropriately named tract, "the Four Spiritual Laws."

Many folks will allow that Jesus was a great moral leader or spiritual teacher.

Oddly, He claimed to be God in the flesh.

C.S. Lewis, a popular British theologian, continues, "I am trying here to prevent anyone saying the really foolish thing that people often say about Him: 'I'm ready to accept Jesus as a great moral teacher, but I don't accept His claim to be God.' That is the one thing we must not say. A man who was merely a man and said the sort of things Jesus said would not be a great moral teacher. He would either be a lunatic - on the level with the man who says he is a poached egg - or else he would be the Devil of Hell. You must make your choice. Either this man was, and is, the Son of God: or else a madman or something worse. You can shut Him up for a fool, you can spit at Him and kill Him as a demon; or you can fall at His feet and call Him Lord and God. But let us not come with any patronising nonsense about His being a great human teacher. He has not left that open to us. He did not intend to."

(C.S. Lewis, Mere Christianity, The MacMillan Company, 1960, pp. 40-41.)

Examine the claims of Jesus in the Book of John. Ask Truth to become known to you.

Moving violations and car insurance rates

I got my first moving violation ticket last week. Sadly it was well-deserved. Naturally my big concern was whether it would affect my car insurance rates. Happily it won't.

Massachusetts uses the Safe Driver Incentive Plan, or SDIP. Under SDIP insurance rates are affected by at-fault accidents or traffic violations. However, no points are assigned for the first minor traffic violation. Major violations include things like leaving the scene of the accident after injuring someone, and operating after your license is revoked. Minor violations include failure to stop at a signal and speeding.

Testimonial!

"Northeast Bank has made it a regular practice to review the status of our various insurance policies and we are very pleased with Scott's ability to deliver real value in the form of personalized service and quality information. Scott does an excellent job of explaining the various issues and identifying opportunities that result in the right level of coverage for our institution."





Jim Delamater

President and CEO, Northeast Bank

Password Risk Management

Google has some good advice on passwords.



http://gmailblog.blogspot.com/2009/10/choosing-smart-password.html

When an insurer refuses to enter into a reasonable settlement agreement

In my last post I discussed the duty of an insurer to enter into a reasonable settlement agreement. What about when an insurer fails to do so?

“The insurer may also notify the insured of a reasonable settlement offer and give the insured an opportunity to accept the offer or assume its own defense.” Medical Malpractice Joint Underwriting Ass'n v. Goldberg, 425 Mass. 46, 59 (1997).

I am not aware of any Massachusetts case that discusses the exposure of the insurer if it notifies the insured of a settlement offer and gives it the opportunity to accept the offer or assume the defense. If the insured pays the settlement amount and the declaratory judgment action later results in a finding of coverage, the insurer is clearly liable to reimburse the insured for the judgment amount. If the insurer is found to have breached Mass. Gen. Laws ch. 93A in refusing to pay the settlement amount itself, it would be liable for 93A damages, which includes costs and attorney’s fees, and can include up to treble damages.

Where there is coverage under the policy, if the insurer fails to settle where no reasonable insurer would have refused to settle, and also fails to tender the defense to the insured, and an excess judgment is eventually entered, the insurer is liable for the amount of the actual judgment. DiMarzo v. Am. Mut. Ins. Co., 389 Mass. 85, 101-102 (1983). But see Bolden v. O’Connor Café of Worcester, Inc., 50 Mass. App. Ct. 56, 68 (2000) (questioning the analysis of DiMarzo in the context of a subsequent settlement protecting the insured from liability for an excess judgment).

Is There any Sin but Idolatry?

Recently, I was guest preaching at an Assisted Living Center in Memphis, and I felt lead to show how all the ten commandments could probably be restated as: "Because you love your neighbor, you shall not bear false witness..." or "because you love your God, you shall have no other gods before me.."

This thought came from verses suggesting that love is the root of all the commandments, to love God with all your heart, mind, soul and strength and love your neighbor as yourself.

In a similar thought, I looked at each commandment in its relation to the first and second commands, about idolatry.

If one becomes one's own idol, you may bear false witness against your neighbor. If pleasure becomes an idol, you may commit adultery. The disturbing thing about this line of thought is that all idols demand sacrifices. In adultery very clearly, the adulterer sacrifices his wife, children, reputation and witness on the altar of pleasure.

Since pride seems to place our desires first, it is indeed idolatry. It is pride that cast down Satan.

Other verses even combine these two thoughts, such as "it the love of money that is root of all kinds of evil." Note it is the love of it that makes it an idol.

Would that we would love Him who first loved us that much.

David Peel

An insurer's duty to settle when defending under a reservation of rights

As a general rule an insurer is liable to an insured for failing to settle a case within the policy limits “if no reasonable insurer would have failed to settle the case within the policy limits.” Hartford Casualty Ins. Co. v. New Hampshire Ins. Co., 417 Mass. 115, 121 (1994).

I am not aware of any Massachusetts case that discuss the duty of an insurer to settle where the insurer is defending under a reservation of rights. However, an insurer and an insured may agree that the insurer will settle a case within the policy limits and then seek indemnification from the insured on the grounds that there was no coverage under the policy. Medical Malpractice Joint Underwriting Ass’n v. Goldberg, 425 Mass. 46, 56 and fn 26 (1997). If the insured agrees to those terms, there is no reason why the general rule should not apply.

The BOOK ODYSSEY continues

I heard from the gentleman in LA, a fellow attorney, and he gave me some input on how to better write my summary. 

If you have never tried, it might well amaze you how hard it is to take 250 pages and cram them onto 4 without leaving important nuggets out. Worse, you know the story so well you dream about it, but that also makes you assume things.  In other words, you leave out basic information because it seems clear to you. 

I should have worked more on the summary and responded slower. I just got excited. 

However, this patient man has given me a chance to redo it. 

I hope he may shop it to literary agents again? Will this be a one time assist? I will let you know.

Dave

Insurance Market Remains Soft

Insurance Journal article - Commercial Buyers Remain Winners In Current Insurance Market