I posted an earlier blog post “Become a Discovery Ninja: Setting up a Workflow for Responding to California Discovery”, which I encourage you to read first before reading the current posting. You can find the earlier post here. Okay, so you’ve gone to all the work of implementing your discovery response workflow before receiving discovery… Continue Reading
Monthly Archives: February 2012
Become a Discovery Ninja: Setting up a Workflow for Responding to California Discovery
Posted in Discovery, LitigationResponding to written discovery can be overwhelming. In most cases defense attorneys send the bulk of written discovery early on in a lawsuit. This discovery generally includes Form Interrogatories, Special Interrogatories, Requests for Admission, and Demands to Produce. Due to the size and expansive scope of this discovery one can become overwhelmed by it and… Continue Reading
California Insurance Company Duty to Defend (Part Two): Horace Mann Insurance Company v. Barbara B.
Posted in Bad Faith, Duty to Defend, LitigationI’m continuing my blog series on an insurer’s duty to defend its insured in a third party lawsuit. In my last article I established the general principal that an insurer must defend its insured against a suit that “potentially” seeks damages within the coverage of the policy. (Gray v. Zurich Ins. Co. (1966) 65 Cal.2d… Continue Reading
California Insurance Company Duty to Defend (Part One): Gray v. Zurich Insurance Company
Posted in Bad Faith, Duty to Defend, LitigationI’m starting a series of blog posts about an insurer’s duty to defend its insured in a third party lawsuit. The general premise of these articles focuses on an insurer’s duty to defend where “potential” coverage exists under a policy. The “potential” for coverage means an insurer must provide a defense to its insured where… Continue Reading
California Insurance Companies Must Defend an Insured Where There is a Potential for Coverage Under an Insurance Policy
Posted in Bad Faith, Duty to Defend, Prosecuting bad faithCalifornia insurance companies have an obligation to their insureds to pay up to the policy limits for covered claims. We call this the duty to “indemnify” for covered claims. The duty to indemnify is what most people think about when they buy insurance coverage. But there’s another duty that does not receive as much attention… Continue Reading
Dude, Where’s the Insurance Company’s Claims Manual?
Posted in Bad Faith, Civil Procedure, Discovery, Litigation, MotionsIn most California Insurance Bad Faith lawsuits, the most important document to obtain in discovery is the insurance company’s claims manual. The insurance defense attorney knows how damaging the claims manual can be, and will do everything possible to keep you from getting it. Fortunately, California law is clear that the insurance company’s claims manual… Continue Reading
10 Lessons I Learned About Being a California Trial Attorney in 2011
Posted in Civil Procedure, Discovery, Litigation, MotionsAfter making the decision to take all of my cases to trial in 2011, here are the important lessons I learned as a California plaintiff’s trial attorney: 1. Taking each of your cases to trial generally works in your client’s favor. Defense attorneys (and their clients) will offer your clients pennies on the dollar… Continue Reading
What is Insurance Bad Faith?
Posted in Bad Faith, Breach of Contract, Litigation, Prosecuting bad faithInsurance Bad Faith: Insurance Bad Faith occurs when an insurance company treats its customers unfairly. For example, an insurance company may deny a valid claim, or the insurance company may try to pay less than full and fair value of a valid claim. When an insurance company attempts to do either—deny a valid claim or… Continue Reading
Top 10 Books Every Trial Attorney Should Read
Posted in Litigation1. Rules of the Road, Second Edition, by Rick Friedman & Patrick Malone This is likely the most influential book I’ve come across in my time as a lawyer. Read it, and then read it again. I use the “rules” concept in my depositions as well as at trial. It is amazing how effective the… Continue Reading
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