Defense Lawyers' Professional Responsibilities - Part 1: Excess Exposure Cases
Texas Law Review, Vol. 78, No. 3, p. 599, February 2000
82 Pages Posted: 16 Aug 1999 Last revised: 7 Aug 2010
Date Written: 2000
This is the third in a series of articles on insurance defense ethics. It is grounded in a loss-minimization account of liability insurance contracts, according to which the contract seeks to construct an artificial harmony of interest between a carrier, a policyholder, and their joint agent - a defense lawyer - for the purpose of minimizing the sum of the costs - including indemnity and defense costs - that are associated with a covered claim. The article contains no formal economic analysis, but does advance the economic analysis of the law that governs lawyers.
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