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Full-Text Articles in Law
Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
Consnet To Settle? A New Twist In The Tri-Partite Relationship, David F. Tavella
David F. Tavella
CONSENT TO SETTLE? A NEW TWIST IN THE TRI-PARTITE RELATIONSHIP BY DAVID F. TAVELLA Abstract This article examines the ethical obligations of defense counsel retained by a party’s insurance company regarding settlement of a case. The article examines the traditional relationship between an insured and retained defense counsel. the article next examines some alternative theories to describe the relationship, and the duties and obligation with each theory. The article next looks at the relationship between the insurer and insured, particularly the insurer’s ability to settle a case without the insured’s consent. The article next discusses defense counsel’s obligation under the …
Are Insurance Policies Still Contracts, David F. Tavella
Are Insurance Policies Still Contracts, David F. Tavella
David F. Tavella
This article examines whether courts still treat insurance policies as contracts. Since the inception of insurance, policies have been deemed contracts, and general principles of contract interpretation have been used to interpret policies. However, more and more courts are abandoning contract principles when interpreting insurance policies, particularly using parol evidence to determine whether a policy provision is ambiguous, or even using parol evidence to interpret the meaning of unambiguous policy terms. My conclusion is that insurance policies, while still generally considered “contracts,” are treated differently then other contracts, and in reality are not seen as true contracts.