Spring 2020 | Workers’ Compensation and Laboring in the Gig

Insurance

Dealing with Demands for Phone Inspections and Social Media Account Data during Claim Investigations

By Justin Rudin

Policyholders faced with a demand to permit forensic inspection of their mobile device or social media account pursuant to the postloss duty to cooperate should keep in mind that an insurer is not entitled to anything and everything requested.

Insurance Defense

Eroding Limits Policies: One Bad Case Away from Disaster?

By Mitchell A. Orpett and Kevin J. Grigsby

Insurance policies with eroding limits pose difficult practical and ethical questions for the insurer, policyholder, and defense counsel.

Insurance Defense

Splitting Up the Pie: The Ongoing Controversy over Allocating Insurance Claims

By Michael F. Aylward

Intrapolicy allocation issues involving covered vs. noncovered theories of liability, defendants, and damages have emerged as a potent source of controversy.

Ethics

The Right to Select Counsel and the Rules of Professional Conduct

By Christopher H. Yetka

The right to select counsel, granted to insurers by many third-party liability policies, may be limited by both the rules of professional conduct and the fiduciary duties inherent in the insurance and representation contracts.

Tort

We Are All in This Together

By Dale M. Weppner

The Brief’s editor in chief reflects on current events and quotes Robert Kennedy and Jim Holmes in reminding us that each act of kindness can create a ripple of hope that together can turn into a tsunami of change.

Tort

Admiralty and Maritime Law Committee

By Sarah Yantakosol Gayer

Membership in this TIPS committee includes opportunities to participate in programs that examine the latest developments in admiralty and maritime law; mentor and be mentored by some of the finest maritime lawyers; and publish in AMLC and ABA periodicals.

Tort

Editorial Board Member: Mariel Taylor

A new member of The Brief editorial board shares her experience transitioning from a large firm to a small firm and describes her TIPS connections as some of the most talented, hardworking legal practitioners.

Tort

Update on the Latest Programs and Events in Your Tort Trial and Insurance Practice Section

TIPS reports on the ABA Midyear Meeting in Austin and Cybersecurity and Data Privacy CLE conference and announces the slate of officers for FY 2020–2021.