Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Can (And Should) An Insurance Defense Attorney Be Held Liable For Insurance Bad Faith?, Chad G. Marzen
Can (And Should) An Insurance Defense Attorney Be Held Liable For Insurance Bad Faith?, Chad G. Marzen
Chad G. Marzen
Insurance defense lawyers are faced with many practical and ethical challenges in the contemporary practice of law. Outside of the practical and ethical challenges looms a question concerning insurance bad faith – can (and should) an insurance defense attorney and/or insurance defense law firm ever be held liable for insurance bad faith?
In this article, I state that with the ever-increasing expanse of bad faith liability today, insurance defense attorneys and law firms are potentially next to be encompassed in the liability circle. Today, as a general rule, insurance defense attorneys and law firms are not directly liable to an …
The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen
The Wrap Up Of Wrap-Ups? Owner Controlled Insurance Programs And The Exclusive Remedy Defense, Chad G. Marzen
Chad G. Marzen
Large scale, complex commercial construction projects today often utilize Owner-Controlled Insurance Programs (OCIPS, also referred to as “Wrap-Up” programs), which streamline various insurance coverages into a single consolidated program (the OCIP), where the owner, through the OCIP, establishes and administers insurance coverage for the general contractor and all the subcontractors on the project.
OCIPs have been lauded for several reasons – efficient claims management, efficient coordination of the program, and potentially significant cost savings for the owner. Although the benefits of OCIPs have been cited in court decisions throughout the country, at least two courts have held that an owner, …
Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen
Ocips In The Future Of The Insurance Industry: Legal And Regulatory Considerations, Chad G. Marzen
Chad G. Marzen
Owner-Controlled Insurance Programs (OCIPs, also referred to “Wrap-Up” programs), are becoming a popular insurance program in the construction industry. Some states have placed statutory restrictions and/or prohibitions on OCIPs. However, there are only 10 states to date which have even enacted any statute concerning OCIPs.
In this article, I contend that the future availability of OCIPs in the insurance industry may largely be dictated on statutory grounds. It is a call for state legislatures to critically examine the policies and purposes of OCIPs and to enact legislation which provides guidance to the industry and courts. First, two cases, one from …