Defense Counsel Journal

This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.

Articles from Vol. 81, No. 2, April

A "Principled" Approach to Coverage? the American Law Institute and Its Principles of the Law of Liability Insurance
THIS Spring, the American Law Institute ("ALI") will meet in Washington, D.C., to consider the latest sections of a far-reaching project entitled Principles of the Law of Liability Insurance. Although the Principles project has been in the works for...
Canadian Product Liability Law - 2013 in Review
CANADIAN product liability law continued to evolve in 2013. Ontario courts further clarified the law of pure economic loss; set the bar higher for plaintiffs when pleading product liability; and set the bar high for defendants to obtain sanctions for...
Choice of Law and Multiple Choice - All of the Above?
EVERY claim requires, at the outset, a determination as to what state's law applies. There are vast differences in how states interpret the myriad of potential coverage issues ranging from what an insurer must consider to determine its duty to defend,...
Federal Rules Revisions - Make Your Voice Heard
This article originally appeared in the February 2014 Civil Justice Response Committee newsletter. THE Judicial Conference Advisory Committee on Bankruptcy and Civil Rules has proposed significant amendments to the Federal Civil Rules. The comment...
IADC Pride: Our Members
While it would be easy to identify numerous examples of IADC Pride among our membership, I believe IADC members' time and commitment to iCivics merits special attention and acknowledgment. "No other group affected iCivics' success in the beginning...
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
Prejudgment Interest in Construction Defect Litigation - Florida's Loss Theory on Liquidated Damages Post-Bosem and Why Every Construction Lawyer Should Be Familiar with It
IMAGINE this--You have just finished trial on a five week construction defect suit. You are tired, but happy with the result. Your client, the developer of a $250 million uber-luxury residential tower, "won." The plaintiff condominium association that...
Recent Developments in Legal Malpractice
This article originally appeared in the January 2014 Professional Liability Committee newsletter. I. Non-Clients STEWART Title Guarantee Company (Stewart) hired Witherspoon, Kelly, Davenport and Toole, P.S. (Wither spoon) to defend its insured,...
Statutory Interpleader in Federal Court - a Cure for Conflicting Claims
This article originally appeared in the January 2014 Insurance and Reinsurance Committee newsletter. ENTITIES such as banks, escrow agents, and insurers that hold assets or proceeds on behalf of others can find themselves dealing with claimants...