Publications

Publications

Articles

  • The Insurer’s Right To Reimbursement: The Forgotten Remedy Rediscovered
    December 1, 1996
    By Michael J. Brady

    The Insurer’s Right To Reimbursement: The Forgotten Remedy Rediscovered

    By:
    Michael J. Brady
    Ropers, Majeski, Kohn & Bentley
    1001 Marshall Street
    Redwood City, CA 94063
    Telephone: (650) 364-8200


    In recent years, the insurance industry has been hammered with massive costs of defense in environmental and commercial litigation. Decisions such as Montrose v. Admiral Insurance Company, (1995) 10 Cal.4th 645 have made it much more difficult for the insurer to prove no defense obligation, and at least in California, the insurer has a duty to defend the entire action, even if only one of many causes of action is covered.

  • New Perspectives on Damages for Breach of Duty to Defend
    November 1, 1996
    By Michael J. Brady

    When dealing with insurance bad faith, few areas are more confusing than the scope of damages for various kinds of insurer conduct. This is particularly true with respect to damages for breach of the duty to defend. Most carriers have a knee-jerk approach to the defense obligation, believing that the insured declines a defense at its peril, and if the insurer guesses wrong, it is virtually automatically liable for all contract and tort bad faith damages, including attorney's fees, emotional distress, the underlying verdict (even if in excess of policy limits), economic injury, and even punitive damages.

  • The Legacy Of The Lucas Court
    February 1, 1996
    By Michael J. Brady

    THE LEGACY OF THE LUCAS COURT:
    A RETURN TO JUDICIAL SELF-RESTRAINT
    AND AN APPRECIATION FOR THE COSTS OF
    EXPANSIVE LITIGATION



    Prepared by:


    Michael J. Brady
    ROPERS, MAJESKI, KOHN & BENTLEY
    1001 Marshall Street
    Redwood City, CA 94063
    Tel: (415) 780-1724





    SAN FRANCISCO
    LOS ANGELES
    SAN JOSE
    SACRAMENTO
    REDWOOD CITY
    SANTA ROSA




    THE LEGACY OF THE LUCAS COURT:
    A RETURN TO JUDICIAL SELF-RESTRAINT
    AND AN APPRECIATION FOR THE COSTS OF
    EXPANSIVE LITIGATION


    INTRODUCTION:

    In May, California Chief Justice Malcolm Lucas will retire.

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