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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