INSURANCE CONTRACT/POLICY INTERPRETATION AND AMBIGUITY
HOW TO READ, THINK, AND STRUCTURE Michael Sean Quinn* Sometimes there are brief and succinct formulations of the la> such that if L grasps it deeply--down into the lawyer-component of his inner being, s/he will understand the legal situation and know what needs to...
“”LOSS-OF-USE” DAMAGES, A SLAVE NAMED “BEN,” AND TEXAS LEGAL HISTORY
DAMAGES INFLICTED AND THE RIGHT TO COMPENSATION Michael Sean Quinn* Traditionally, in the common law the damages one was entitled to for the loss of a tangible object was the value of the object at the time of its loss. The most traditional of all causes of...
THE CONCEPT OF “COMPENSATION”
DAMAGES AND COMPENSATION IN CIVIL LITIGATION Michael Sean Quinn* You can't have enough legal education. If you studied damages in law school and if you have been out of law school for more than six months, it's time to go back to the fundamentals. The Supreme Court of...
Damages for Total Destruction of Tangible Personal Property
PHYSICAL DAMAGE TO CHATTELS TODAY AND THE "LOSS OF USE" DOCTRINE Michael Sean Quinn** For several centuries damages for loss of use of chattels, e.g., horses and/or slaves and/or other movable (i.e., personal) property could be awarded by courts to...
Some Legal Dictionary Entry Conjectures:”Order, Adjudged, and Decreed”
"ORDERED, ADJUDGED and DECREED" Michael Sean Quinn** One frequently sees two or three of the above three words conjoined in court documents, such as final orders, final judgments, final decrees, judicial decisions, decisions of courts, and/or interlocutory entries of...
THE “LATE-NOTICE-FORBIDDEN” CLAUSES
LATE NOTICE AND COVERAGE Michael Sean Quinn** Insurance policies, aka contracts of insurance, uniformly contain clauses requiring insureds seeking coverage notify the relevant insurer of their perceived injury "promptly," "as soon as practicable," (whatever that...
TEXAS: AMBIGUITY AND INTERPRETING CONTRACTS OF INSURANCE
Ambiguity and Reasonable Use Michael Sean Quinn* As everyone knows, if and only if the language of a contract, including that of an insurance policy, is ambiguous, it is construed against the party that drafted the contract. Almost invariably, in contracts...
CAN DEFENDING LIABILITY INSURER SUE DEFENSE COUNSEL–YES OR NO?
LEGAL MALPRACTICE & THE LIABILITY INSURANCE INDUSTRY: AN INTRODUCTION WITH A FOCUS UPON TEXAS Michael Sean Quinn* The reader will notice that there are random changes between double spacing and single spacing and more. My computer system is entirely...
LINCOLN AS LAWYER
ABE'S GREATEST CASE Michael Sean Quinn* Among lawyers who are historically minded, some are fascinated by Abraham Lincoln, a semi disguised trial lawyer and legal genius (of sorts, for his age) who was America's Civil War President. Some of these kinds of...
LEGAL FEES BILLED BY THE HOUR
REASONABLENESS OF “HOURLY” LEGAL FEES--A SUMMARY OF SOME CONSIDERATIONS, THOUGH NOT THE SUM, OF THEM ALL Michael Sean Quinn, Ph.D., J.D., Etc.* See the end Lawyers are fiduciaries of their clients. Lawyers have duties to their clients at the “fiduciary level.” This...
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