For lawyers considering opening up their own shop, malpractice insurance is one of those areas where you’re probably clueless. So you’ll rely on your friend’s recommendation for a carrier, or you’ll just call a few companies who advertise in the Bar publications and see if you can “get the best deal.”
As usual, I’m here to make your life easier with truthful information that you can actually use. No no, don’t thank me. I feel your appreciation.
For purposes of this post, I interviewed Sam Cohen of Attorneys First. Sam is a Florida-based broker. He is licensed in Georgia and has access to other brokers throughout the United States. Now before you gutter dwellers down there in the comment section start hypothesizing (I think that’s the biggest word I’ve used here) about my relationship with Sam, let me burst your conspiracy bubble.
Sam and I are long-time friends and have never done business together.
Some years ago, I was referred to Sam when my policy was up for renewal. He went out and got quotes from a half dozen companies, compared them to my policy, and determined that what I had was the best. So he made zero dollars, and based on his against-his-financial-interest honesty, I refer everyone to him. (There’s a lesson in there somewhere).
* Since Obamacare’s here to stay, states are scurrying to meet the health care law’s deadlines. Better hurry up, they’ve only got a week left to make a decision on insurance exchanges. [New York Times]
* “It’s been an interesting and tough four years. I just really don’t know. I don’t know at this point.” Two days after the election, it looks like Barack Obama may have to replace Eric Holder after all. [Blog of Legal Times]
* Managing partners at midsize firms are feeling good about about business in the coming fiscal year, and they’re even projecting higher profits per partner. And unicorns, too! [National Law Journal (reg. req.)]
* Where did a portion of the money behind Harvard Law professor and Senator-elect Elizabeth Warren’s Massachusetts race come from? Biglaw firms like Nixon Peabody and Mintz Levin. [Corporate Counsel]
* Apparently a convicted abortion doctor killer is trying to intervene in Paul Ceglia’s ownership case against Facebook via kooky letter. Sorry pal, but there can be only one Jonathan Lee Riches. [Wall Street Journal]
* Steven Davis, D&L’s former chairman, really wants to make sure he’ll be able to use the firm’s insurance policy to defend himself, or else he’ll “suffer undue hardship.” Sorry, but after all the undue hardship you caused, nobody feels bad for you. [Am Law Daily]
* As it turns out, the Mitt “47 Percent” Romney recording may have been illegally taped, but Florida authorities aren’t investigating — a victim hasn’t come forward to complain. What, no “off the cuff” remarks this time, Mitt? [Washington Wire / Wall Street Journal]
* Even if you get disbarred, you can still go on to work for a Biglaw firm. In other news, apparently you can last about a month at Lewis Brisbois while using a stolen identity before you get fired. [Las Vegas Review-Journal]
* Arizona’s governor was really excited that the injunction against SB 1070′s “show me your papers” provision was lifted by Judge Susan Bolton. She won’t be as excited when all of the lawsuits start rolling in. [Bloomberg]
* It’s probably bad if your dean resigns before the school opens. J. Michael Johnson, the ex-dean of Louisiana College School of Law, left to take a “great job offer” (i.e., not a law school deanship). [Shreveport Times]
* Good news, ladies! A serial subway “grinder” in NYC avoided jail time after ejaculating on three women in separate incidents, and now city pols are trying to make it harder for perverts to get off. [New York Daily News]
* Just because there was an undergrad rankings scandal at our school doesn’t mean that our law school data isn’t sound. ::pout:: Oh Emory, that’s so precious. [TaxProf Blog]
* Breast implants don’t make women healthier?! Damn you, Congress! [New York Magazine]
* Scamming insurance companies > scamming dying AIDS patients. [Dealbreaker]
* Scott Greenfield is running a book giveaway contest. Well, here’s my submission: The law doesn’t suck; it’s just the week before Labor Day, so writing about the law sucks. [Simple Justice; Legal Blog Watch]
* Given the number of men who ignore their girlfriends in favor of video games, it’s surprising that more women haven’t been charged with misdemeanor battery. [Legal Juice]
Yesterday we covered the internet brouhaha over Progressive Insurance. The insurance company caught a lot of internet flak after comedian Matt Fisher wrote this provocative blog post: My Sister Paid Progressive Insurance to Defend Her Killer In Court. Outrage against Progressive’s apparent provision of a defense to the driver who killed Katie Fisher — even though Katie Fisher was Progressive’s insured, not that driver — went viral over social media (especially after actor Wil Wheaton got involved).
Now Progressive is paying up. The company has reached a settlement with the Fisher family.
We recently heard from Progressive’s PR firm, which sent us a statement on the Fisher case. What does Flo have to say for herself?
If you were on the internet at all yesterday, you likely heard about this. Your mom probably posted it on her Facebook wall and a thousand of your tweeps probably hit you up on the Twitter to register their outrage. On Monday, a comedian by the name of Matt Fisher wrote a post on his tumblr account titled “My Sister Paid Progressive Insurance to Defend Her Killer In Court.” What resulted was an outpouring of rage and hive-minded moralizing that has become the internet’s stock in trade. A great injustice had been done and, dammit, the internet was going to save the day. Or at least tweet about the day. Even Wil Wheaton made an impassioned cameo in the great shoutathon, presumably because a cameo is the best Wil Wheaton can hope for these days.
And this great unwashed mass of outrage went to sleep last night and slept like babies, secure in the smug knowledge that they had done good. Of course, the picture that was so broadly painted yesterday didn’t do justice to anyone. Progressive Insurance is not evil and the Internet remains a cesspool of pornography and legal blog posts. Matt Fisher did a pretty solid number on Progressive Insurance; this is true. They’ve taken a great PR hit, and most coverage of the whole affair has quickly moved on from any sort of analysis of the actual claim itself to a much easier consideration of how, and in which ways, Progressive Insurance is royally f**ked.
* Vicious infighting, “arm twisting,” and discord at the Supreme Court? It almost sounds like the justices are in a sorority. According to this report, there hasn’t been so much bitterness and tension at the high court in almost 70 years. [CBS News]
* The Supreme Court might have issued a ruling on the Affordable Care Act, but the battle is far from over. With a repeal vote coming this week in the House, critics are now on the offensive about interpretations of insurance subsidy provisions. [New York Times]
* Dewey have a bankruptcy filing potpourri for you! With countless objections from the U.S. Trustee and many D&L motions on tap, advisers for the failed firm may be in for a long, bumpy ride at this afternoon’s hearing before Judge Martin Glenn. [Am Law Daily (sub. req.)]
* Noting that legislators hadn’t violated the New York Open Meetings Law, an appellate court overturned a trial court decision and refused to push the Empire State’s gay marriage law back into the closet. [Bloomberg]
* Lincoln Memorial’s Duncan School of Law has again been denied ABA accreditation. Seeing as the ABA would likely accredit a shoe, maybe the administration should throw in the towel. [Knoxville News Sentinel]
* If you’re having trouble getting a job as a scientist, you might want to consider going to law school instead. Many schools have near-perfect employment rates nine months after graduation. /trolling [Washington Post]
* Footloose in NYC: a middle-aged couple was arrested for dancing on a subway platform, and now they’re suing. We shudder to think what would would have happened if the pair was drinking soda. [New York Post]
* Dewey seriously have one chairman again? Good Lord, this law firm is literally falling apart! Martin Bienenstock had “no plans to file bankruptcy” because he knew he was taking the first life raft off this sinking ship. [WSJ Law Blog]
* When Dewey WARN people? When it’s already too late. In case you missed it last night, the firm was served with its first suit following its en-masse layoffs. The more the merrier, because it’s a class action. [Bloomberg; WSJ Law Blog]
* Elizabeth Warren can’t decide whether she’s white or Native American. Apparently it depends on her geographic location, because she was white at UT Law, but a minority while at Penn Law. [Boston Globe]
* Racial profiling still ain’t easy, but Arizona Sheriff Joe Arpaio “will fight this to the bitter end.” The Department of Justice has filed a civil rights suit against the no-nonsense Sheriff and his department. [Associated Press]
* New Jersey Governor Chris Christie must be gearing up for his inevitable 2016 presidential run, because yesterday he vetoed an online insurance marketplace required by the Affordable Care Act. [New York Times]
* Syracuse Law recently broke ground on a $90M building that will serve as its new home. May political plagiarizers continue to grace the law school’s halls for years and years to come. [National Law Journal]
Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).
But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.
Keep reading, to learn about an ERISA opinion that is very… stimulating….
I wrote about these contractual issues the week before Thanksgiving. I received so many emails that I thought it best to flesh these topics out a bit more. Also, some of these headings are from the anonymous “comments” section on this site, so I can’t attribute them (and I’ve also edited them for language).
1) “Real life example: Company A hired to refurbish shipping vessel owned by Company B. Contract obligated Company B to indemnify Company A fully, worded broadly enough and specifically enough to require indemnification for Company A’s own fault. Company A sets the boat on fire through clearly negligent actions and then tries to put it out with a garden hose. Fifth Circuit Court of Appeals tells Company B that yes, Company A was at fault; yes, you are out quite a bit for the value of the boat and the lost income, but you must eat it as you have to indemnify Company A for your own claim.”
Why on Earth someone would agree to indemnify a Customer for their own negligence is beyond me. I have been through this scenario many times, and I always inquire as to how I am expected to indemnify my Customer for its own negligence. In the B2B arena, indemnity should be limited (if possible) to third party claims against the potential indemnitee, at which point the indemnitor would take on the payment.
This raises another point: even if I indemnify you, who is going to defend you?
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