Insurance Ethics

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Insurance Ethics

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Ethical Consideration and Malpractice Prevention
in Handling Insurance Claims

1. Attorney Liability

	Professional Malpractice/Negligence
	Breach of Fiduciary Duty
	Constructive Fraud
	Intentional Torts
	Disciplinary Rule Violations

2. Identifying the Client

	Individual as Client
	Organization as Client
	Insurance Defense

3. Insurer Liability

	Duty to Settle Within the Policy Limits
	Bad Faith
	Insurance Code Liabilities
	Liability for Acts of Defense Counsel
	Assignability of Bad Faith Claims

4. Drafting the Settlement Agreement

	Release
	Indemnities
	Consideration
	Confidentiality
	Successors and Assigns
	Severability
	Liens and Subrogation Interest
	Minor Settlements
	Mary Carter Agreements
	Silencing/Acquiring Testimony

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© Copyright Leonard H. Bucklin 2000 to 02/08/2008 © All rights reserved. No copying or distribution of this material may be made without the express written consent of the copyright holder. For more information - see the Legal Notices.