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Full-Text Articles in Law
The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer
The Gains From Faith In An Unfaithful Agent: Settlement Conflicts Between Defendants And Liability Insurers, Michael J. Meurer
Faculty Scholarship
A pervasive problem in the settlement of liability litigation arises because liability insurers bundle their promise to indemnify the insured with a promise to represent the insured in settlement and litigation [see, e.g., Beckwith Machinery Co. v. Travelers Indemnity Co., 638 F.Supp. 1179 (W.D. Pa. 1986)]. Standard policies not only require the insurer to pay for legal representation but, more importantly, give the insurer the privilege of controlling the litigation and settlement process. The problem is how to resolve the conflict of interest between the insurer and the insured that may arise during settlement negotiations. This conflict is manifest when …
Work Product Rejected: A Reply To Professor Allen, Elizabeth G. Thornburg
Work Product Rejected: A Reply To Professor Allen, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
This article responds to Professor Ronald Allen's Work Product Revisited: A Comment on Rethinking Work Product.