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Insurance Coverage
10/21/08 Liability Insurer Must Defend Suits Seeking Compensation for the Cost of Head Sets from Cell Phone Manufacturers
08/07/08 Contractor's CGL Policy's Additional Insured Endorsement, Extending Coverage to the Owner "Only with Respect to Operations Performed by" the Contractor, Applies to a Loss Caused by the Owner's Sole Negligence, a Premises Defect - Texas Supreme Court
08/07/08 Excess Insurer May Contest Coverage under "Follow Form" Excess Policy after Primary Insurer Pays Policy Limits to Settie Claim
04/01/08 Liability Insurance/Punitive Damages
04/01/08 Notice: Liability Insurer Owes No Duty – Contractural or Extra-Contractural – to Any Insured to Provide an "Unsought, Uninvited, Unrequested, Unsolicited Defense"
01/15/08 Under Geogia Law, Insurers May Not Rescind a Policy For Falsity in the Application Process Absent Deliberate Misrepresentation or Deliberate Omission during Application Process
09/15/07 Washington State Takes Broad, Pro-Policyholder View of Liability Insurer's Duty to Defend
09/15/07 Parent Corporation's Indemnification of Sub's D&O Defense Costs and Settlement Expenses Did Not Preclude D&O Coverage
05/14/07 Unclear and Confusing Definition of "Deductible" for a Business Interruption Policy Must Be Interpreted in Favor of the Insured
04/02/07 Professional Liability Insurance
12/11/06 The “NOTICE OF LOSS” Condition, Judicially Inferred Negations thereof (to-wit: Lack of Prejudge), and the True Realities of Memory
Winter 2006 Storms and Claims
July 2006 Book Reviews--The Box & Box Boats
05/01/06 Katrina and Her Cat-tyStormy Colleague-Extra Expenses & Business Interruption Coverages
12/2005 Insurance Flood Exclusion Any Ambiguity
11/10/2005 The Notice of Loss Condition, Judicially Inferred Negations Thereof, and The True Realities of Memory
12/29/05 Insurance Coverage: Insurability of Punitive Damages in Texas
12/2005 After the Storms - Important Insurance Considerations ...
May 2005 The Ins and Outs of D&O Coverage
11/10/04 ADJUSTMENT OF DISABILITY CLAIMS AND THE PROBLEM OF BAD FAITH
11/01/04 DISABILITY INSURANCE: AN ELEMENTARY AND " PURISTICAL'"INTR0DUCTION TO COVERAGE ISSUES
Feb 2004 Extra Expenses and Business Interruption Coverages
11/2003 Ensuing Loss Clauses in Texas Insurance Jurisprudence
2003 Liability Insurance and Supplementary Payments
11/11/2002 A Posnerian Re-formation of Insurance Law
10/08/01 A Look at Invoking War Exclusions
May 2001 Coverage B - Personal and Advertising Injury Liability - 1998 Revisions
04/16/01 Recent Court Decision Rocks WC System
03/19/01 UM-UIM Developments
03/08/2001 1998 Coverage B--Personal and Advertising Injury Liability
Spring 2001 Directors' and Officers' Liability Insurance-Probable Directions in Texas Law
January 2001 Insurance for Cyber Liabilities
12/18/00 Advertising Liability
11/20/00 Liability Coverage for Breaches of Contract
11/06/00 Legal Malpractice Insurance
Nov 2000 Advertising Injury Insurance
October 2000 Liability Insurance and High-Tech Industries
Autumn 2000 Construction Defects and Liability Insurance
Summer 2000 The Defending Liability Insurer's Duty to Settle
03/27/00 Imbetterment & Enworsement
2000 Confusion and Pollution
09/20/99 Stacking and Statutes
08/30/99 Insurance for Arson
Summer 1999 Fortuity, Insurance, and Y2K
03/99 Occupying Forces-Limitations on the Pollution Exclusion as Applied to On-Site Discharges
09/28/98 Surety Bonds and Insurance
09/07/98 The Stowers Doctrine-An Agent's Primer
07/27/98 Leaky Pipes-Highest Court Takes on Slabs
07/06/98 The Business Pursuits Exclusion
05/18/98 Jones Against Clinton
05/01/1998 A Liability Insurer's Duty to Settle-the Primary, the Excess and the Insured
03/23/98 Dogs, Guns and Automobiles
02/09/98 Insurance, Arson and the American Family
09/15/1997 Pouring, Spilling, Storing and Dripping
09/15/1997 Insurer Recoupment of Defense Costs in Light of Buss
July 1997 Reserving Rights Rightly-The Romance and the Temptations
05/01/1997 Duty to Defend - Texas Developments
Spring 1997 Liability Insurance Contracts - A Primer
July 1996 Vendors' Endorsements
Autumn 1995 Tort Liability and Reinsurance Contracts
May 1996 Review Essay--Subrogation, Restitution, and Indemnity
1995

Insurance Coverage Opinions
Spring 1992 Insurance Contracts and Semantic Inquiry
Autumn 1991 Insurance, Ambiguity, and the Sophisticated Insured
04/18/1991 Ambiguity, Sophistication, and the Limited Pollution Exclusion
August 1986 Bungled Inspections-A Polemic Against Insurer Liability
Spring 1986 Closing Arguments in Insurance Fraud Cases
Late 1980 Pollution and Property Policies
     
Insurance: Intermediaries - Agents, Brokers
11/15/08 Insurance Intermediaries May be Sued by Their Customers for Both Negligence and Breach of Fiduciary Duties under Florida Law
11/12/08 Louisiana's Peremption Statute for Civil Actions against Insurance Intermediaries Runs from the Date of Performance (No More than Three Years),From the Date of Discovery of the Error (One Year), or From the Date When the Mistake Should Have Been Discovered (One Year)
10/21/08 Under Connecticut Law, Whatever Agent Relation an Insurance Intermediary Has with Its Customer Usually Ends When Insurance Is Procured, but Not Always, e.g., When the Insurer lssues a Policy at Variance with the One Sought, and the Intermediary Agrees to Try and Correct It
09/28/08 Insurance Purchaser's Failure to Prove Broker Malpractice Proximately Caused Purchaser's Damages Precludes Recovery from Broker
09/01/08 Under Colorado Law, Absent a "Special Relationship" Between an Insurer's Agent and a Customer, that Agent Has No Duty to Advise or Warn the Customer Regarding Provisions in the Policy Being Sold
09/01/08 Under Massachusetts Law, lnsurance Agents Have No General Duty to Make Sure that Contracts of Insurance They Procured Provide Coverage that is Adequate for the Needs of Their Individual Customers
09/01/08 Provision in Florida Statute Requiring Surplus Lines Liability Carriers to Deliver Policies to the Named Insured is Met if the Policy Is Delivered to the Insured's Broker
08/07/08 Nebraska Does Not Recognize Cause of Action for Breach of a Contract to Procure Against an Insurance Intermediary Who is an Insurance Agent Acting Solely on Behalf of a Disclosed Insurer
06/15/08 Insurance Brokers May Not Owe Their Customer Fiduciary Duties as a Matter of Law or Universally as a Matter of Custom, but They Sometimes Do
06/15/08 Nevada's Statute Violates the "Privileges and Immunities" Clause of the United States Constitution and So Is Void
06/01/08 Whatever Duty a Policyholder Owes His Intermediary to read and Understand the Policy Acquired Is Simply a Rebuttably Presumptive Component of the Comparative Negligence Defense Available to the Intermediary
04/01/08 Under Indiana Law, if an Error of an Insurance Intermediary Is Reasonably Discoverable Near the Time an Insurance Policy is Issued, the Statute of Limitation Governing the Insured's Suit against the Intermediary Begins to Run Shortly After the Policy Was Issued, Not When the Loss Occurred.
03/26/08 Professional Negligence Claim against an Insurance Intermediary is Assignable to Judgement Creditor of Intermediary's Customer
12/11/07 Insured's Malpractice Claim against Intermediary for Placing Coverage with a Financially Unstable Insurer is Assignable to Tort Plaintiff Suing Insured
12/11/07 Agents & Brokers: Texas Statutory Definitions and Rule-Entaling Characterizations
12/01/07 Legal Duties of Intermediaries to Their Customers - Part III
09/15/07 Legal Misrepresentation by Intermediary Hard to Prove if Policy is Clear
07/27/07 Mississippi Supreme Court Limits Life Insurance Agent's Recovery from Insurer for Breach of Duty to Indemnify, Prohibits Recovery of Emotional Distress and Punitive Damages
07/27/07 Obligations of Intermediaries: Orders Versus Agreements
05/15/07 Mississippi’s Statute of Limitations on Negligence and Failure to Explain Claim against Insurance Intermediary Started to Run When Insurer Denied Claim, Not When Court Imposed Noncovered Liability on Insured
04/24/07 Colorado Appellate Court Rejects Intermediary’s Intentional Interference with Prospective Business Relations and Breach of Fiduciary Claims Based on Manner in Which Insurer Adjusted Claims
04/24/07

Settlement of an Underlying Tort case against Insured Does Not Bar Insured’s Action against Intermediary for Failure to Procure Excess Insurance unless Settlement Completely and Unequivocally Insulates Insured from Liability for Damages

01/15/07 Legal Duties of Intermediaries to Their Customers - Part II
01/15/07 Legal Duties of Intermediaries to Their Customers - Part I
12/6-8/2006 Insureds vs. Intermediaries: Principles, Conflicts and Evidence
12/5/2006 Statute of Limitations for Fraud in the Sale of Insurance Policies is 3 Years, and it Begins No Sooner than When the Purchaser of the Policy Sustains Damages
05/25/2005 The Spitzer Caused Costly Catamaran Catastrophe-How Long is the Wake - How Wide is It
05/05/2005 Phoney Parmenidean Practices-Aon's Place in the Insurance Litigation Expose
04/06/2005 Spitzer v. MarshMac
03/15/2005 Marsh & McLennan-Some More Brief History Before the Spitzer Scandal-Part B-Putnam, Trident, and Mercer
02/28/2005 Marsh & McLennan-Some Brief History Before the Spitzer Scandal-Part A-The Insurance Side of the Business
01/05/2005 Before the Marsh & McLennan Scandal and Its Times
08/06/01 Agents and Coverage Opinions
06/18/01 Ponzied Insurance Premiums
04/30/01 Tortious Interference and Business Competition
02/19/01 Agent-Broker Malpractice
01/08/01 Who Owns A Customer
10/09/00 An Agent's Nightmare Continues
09/25/00 An Agent's Nightmare
09/04/00 When Agents Go Bankrupt
08/14/00 It's a Dog's Life...And an Agent's Lot
08/10/00 Successor Liability for Renewal Commissions
06/26/00 Agents in the Claims Process
06/05/00 Agent Indemnification-How Not to Get Burned
04/24/00 Negligent Misrepresentation-Part II
04/10/00 Negligent Misrepresentation-Part I
08/09/99 Agents Get a Big Courtroom Stick
05/17/99 Premises Liability and The Insurance Agent-Part III
04/26/99 Premises Liability and The Insurance Agent-Part II
02/08/99 Liability and Independent Contractors
08/17/98 Workplace Sex and the Innovative Agent
05/04/98 Agent Liability and the Passage of Time-Part II
04/13/1998 Agent Liability and the Passage of Time-Part 1
Spring 1996 Post Employment Agreements Not to Compete-A Texas Odyssey
     
Insurance: Bad Faith
01/15/08 Factual Dispute over Coverage Is Not "Genuine" If Insurer Fails to Investigate Fully and Evaluate Fairly Evidence Supporting Coverage
05/31/07 Liability Insurer's Failure to Consider and Act Reasonably on an Injured Party's Policy Limits Settlement Offer May Constitute Bad Faith, Even When There Are Multiple Injured Parties and Low Policy Limits
05/15/07 Insured May Not File Third-Party Action against His Liability Insurer for Negligent or Bad Faith Failure to Settle in the Same Suit in Which the Tort Plaintiff Tries to Establish Insured’s Liability
7/8/05 “Look For Coverage!”
May 2005 Damn Fools - Looking Back at Stowers after 75 Years
Spring 2003 Insurance Bad Faith and the Attorney-Client Privilege
06/04/01 Article 21.55-Reason Prevails
Dec 2000 Second Circuit Spies Possible Bad Faith in New York-Pinto v. Allstate
11/2000 Preparing for Adjuster Depositions in Bad Faith Cases The Plaintiff's Objectives
April 2000 The Malicious Prosecution Analogy
02/15/2000 Insurer Bad Faith and Insurance Expertise
01/13/00 Insurer Bad Faith and Other Extra-Contractual Liabilities
Winter 1998 The Ethical Habitat of Adjusters. Principles, Problems, and Practicalities
10/15/1998 Insurer Bad Faith, Expertise, and Appellate Review
06/15/98 Article 21.21 and Insurance Brokerage
03/15/98 Struggle, Confusion, and Diversity-Insurance Bad Faith in Texas-Recent Rapid Development
03/02/98 Insurance Bad Faith-The Basic Tenets and More
12/15/97 Balance, Tension, and Change-Insurance Jurisprudence and the Dynamics of the Common Law
August 1995 Common Law Insurance Bad Faith in Texas and the Duty to Defend
May 1994 The Advice-of-Counsel Defense - A Response to Fischer
August 1986 Bungled Inspections-A Polemic Against Insurer Liability
     
Insurance: Litigation
06/01/08 Liability Insurer May Use Lawyers that Are Its Employees to Defend a Suit against an Insured, If the Interests of the Insured and the Insurer are "Congruent," but not Otherwise
12/01/07 Legal Duties of Intermediaries to Their Customers (Part III)
11/17/07 Federal Fair Credit Reporting Act Applies to Mortgage Guarantee Insurers Use of Borrowers' Credit Information in Pricing Lenders's Policies
07/27/07 United States Supreme Court: Credit Reports and Underwriting
05/31/07 The Texas Attorney General is Not Required to Recruit Policyholders to Be Class Representatives When Suing Insurers Under State Statutes
04/24/07 Sureties/Bankruptcy - United States Supreme Court Allows Surety to File Unsecured Claim for Contractural Attorney Fees, Even though Fees Were Incurred in Litigation Issues of Federal Bankruptcy Law
04/02/07 Insurance Counsel
04/02/07 Professional Liability Insurance
01/25/07 Texas—UIM—When Recoverable—Attorney's Fees
01/15/07 Legal Duties of Intermediaries to Their Customers (Part I & Part II)
12/11/06 The “NOTICE OF LOSS” Condition, Judicially Inferred Negations thereof (to-wit: Lack of Prejudge), and the True Realities of Memory
Dec 7-8 2006 Taking and Defending Adjuster’s Depositions
10/06/06 The Insurance Buyback

09/20/2006

 The Recent Spread of Mysterious Insurance Litigation
7/8/05 “Look For Coverage!”
11/10/05 The Notice of Loss Condition, Judicially Inferred Negations Thereof and The True Realities of Memory
10/01/05 Quality Questioning-Quellenforschung
Summer 2000 The Defending Liability Insurer's Duty to Settle
06/18/01 Ponzied Insurance Premiums
01/22/01 Liability Insurers and Rights of Reimbursement
03/13/00 Car Wrecks and Car Parts
02/07/00 Wooge's Case-Ownership of Renewals
11/08/99 Defining Negligence, Misconduct
07/19/99 To Squeal or Not to Squeal
09/24/1998 Pleading Texas Insurance Cases
09/07/98 The Stowers Doctrine-An Agent's Primer
Summer 1998 Drunk Driving, Pollution, and Insurance
05/18/98 Jones Against Clinton
05/18/98 Insurance Ramifications of Jones v. Clinton
May 1998 Depositions of Claims People
July 1997 Reserving Rights Rightly-The Romance and the Temptations
Spring 1997 Teratology, Toxicity, and Torts
Autumn 1996 One Hell of a Book
March 1996 Are Liability Carriers Second-Class Clients-No, But They May Be Soon-A Call to Arms Against the Restatement (Third) of the Law Governing Lawyers
August 1986 Bunguled Inspections - A Polemic Against Insurer Liability
     
INSURANCE: SUBROGATION
08/07/08 Texas Supreme Court Recognizes Right of Construction Subcontractor and Subcontractor's Insurer to Seek Subrogation Recovery from Manufacturer of Defective Product of Amounts Subcontractor's Insurer Paid to Satisfy Subcontractor's Obligation under Construction Subcontract's Indemnity Provision
11/15/07 Texas Supreme Court: Settlement, Subrogation, Contribution–One Primary-&-Excess Carrier Versus Primary-Only-Carrier.
07/27/07 "Made Whole Doctrine – Texas Supreme Court"
09/20/06 South Dakota Law: "Made Whole Doctrine" and Subrogation.
09/20/06 Lawyer Indemnity for Insurer's Subrogation Rights
1996 Subrogation, Restitution and Indemnity: (74 TX.REV.1361 (1996). This is a general article disguised as a book review.
     
INSURANCE: GOVERNMENT REGULATIONS
06/15/08 Nevada's Statute Violates the "Privileges and Immunities" Clause of the United States Constitution and So Is Void
09/01/07 Texas Statute Forbidding Some Insurers from Owning Body Shops
     
Lawyers: Malpractice
06/01/08 Lawyer-Performance Suits Broght by Liability Insurers against Defense Counsel
03/26/08 New York Appellate Court Rejects Excess Liability Carrier's Malpractice Claim against Policyholder's Defense Counsel, But Permits Excess Insurer to Sue Primary Insurer for Bad Faith under Direct Duty Theory
09/20/06 Lawyer Indemnity for Insurer's Subrogation Rights
10/31/07 Legal Malpractice and Evidence From Experts
10/22/07 Legal Malpractice & the Liability Insurance Industry: An Introduction with a Focus Upon Texas
05/14/07 Law Firm's Malpractice Insurance Covers Attorney for Work Done after Leaving Law Firm
04/24/07 Insurance Counsel - No Attorney-Client Relationship Exists between Reinsurer and Attorneys Hired by Ceding Insurer to Defend Policyholder
04/02/07 Insurance Counsel - Excess Liability Carriers Have No Legal Right to Sue Insurance Defense Counsel for Malpractice under Indiana Law
10/31/04 Damages in Suits Against Lawyers-Several Recent Developments
October 1996 On the Assignment of Legal Malpractice Claims
1992 Jury Argument-Rhetoric and Rationality
     
Lawyers: Fiduciary Duties
11/17/07 Third-Party Administrators Do Not Owe Insurers General Fiduciary Duties
2005 Fiduciary Duties-Attorney to Client-The Top End
10/31/04 Damages in Suits Against Lawyers-Several Recent Developments
05/14/01 Fiduciary Duties and Expert Testimony
Autumn 1997 Attorneys' Fees and Lawyers' Billings - A Tale of Emperors' Old Clothes
 
Lawyers: Ethics
04/24/07 Lawyer Who Acts as insurance Defense Counsel for an Insured May Not Later Represent the Insured against the Insurer in a Related Bad Faith Case
2003 The Analects for Lawyers-Variations Upon Confucian Wisdom
April 2001 Mentors in Inspiration

11/16/2000

 Investment in Clients - Dangerous Liaisons
Spring 2000 Whom Does the Insurance Defense Lawyer Represent
2000 Legal Ethics-High Tech
Autumn 1998 Legal Fees and Legal Audits
Autumn 1997 Attorneys' Fees and Lawyers' Billings - A Tale of Emperors' Old Clothes
March 1996 Scholarly Ethics-A Response
Nov/1995 Wrong Turns on the Three Way Street - Dispelling Nonsense About Insurance Defense Lawyers
Fall 1995 Creative Writing-Patrick's Case
03/12/95 All Letter, Little Spirit-Authors Fear Legalism Has Replaced Justice
October 1975 Practice-Defining Rules
07/16/82 Legal-War Stories
     
Expert Witnessing
Dec 7-8 2006 Taking and Defending Adjuster’s Depositions
02/15/2000 Insurer Bad Faith and Insurance Expertise
Winter 1997 Memory, Repression and Expertise
     
Catastrophes & Environmental Problems
Spring 2007 One Hundred Years of Intermittent Controversy, Plus Occasional Scandal - San Francisco Earthquake 1906, Part II
Winter 2006 Storms and Claims
Fall 2006 One Hundred Years of Intermittent Controversy, Plus Occasional Scandal - San Francisco Earthquake 1906, Part I
Spring 2000 Environmental Responsibility-The Once, Present, and Future Problem
January 1998 The Economics of a Disaster-The Exxon Valdez Oil Spill
Summer 1997 Insurance and the Long View
Spring 1997 Teratology, Toxicity, and Torts
Spring 1996 Risk, Disease, and Democracy
Winter 95-96 Environmentalism, Environmental Justice and the Uses of History
Autumn 1995 Ecorealism-Principles, Problems, and Paradoxes
     
Insurance History
2007 Review: Poetics of Insurance Underwriting – Published Version + Unpublished Draft.
2006 Book Review: ‘Fallen Giant: The Amazing Story of Hank Greenberg and the History of AIG.’ New York: John Wiley & Sons, Inc. (2006)
05/15/00 Slavery & Insurance
05/10/02 Insurance and Dangerous Political Perversity
     
Insurance UNDERWRITING
11/17/07 Federal Fair Credit Reporting Act Applies to Mortgage Guarantee Insurers Use of Borrowers' Credit Information in Pricing Lenders's Policies
10/29/07 Alaska's Rule: Use of Credit Scores in Underwriting.
10/22/07 Legal Malpractice & the Liability Insurance Industry: An Introduction with a Focus Upon Texas
07/27/07 United States Supreme Court: Credit Reports and Underwriting
     

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