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32 Cards in this Set
- Front
- Back
Tripartite relationship |
The relationship between the insurer, the insured, and defense coun sel. Both the insurerand defense counselhave obligations to protect the interests of the insuredand balance them with the interests of the insurer |
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Excess verdict |
A jury award that exceeds an insured's limit of insurance |
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Excess exposure |
The possibility that a jury award might exceed the insured's limit of liability, exposingthe insured's personalassets |
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Pleading |
A formal writtenstatement of the facts and claims of each party to a lawsuit |
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Discovery |
A pretrial exchange of all relevantinformation between the plaintiff and defendant |
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Summons
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A document that directs a sheriff or another court-designated officer to notify the defendant named inthe lawsuit that a lawsuit has beenstarted and that the defendant has a specifiedamount of time to answer the complaint. |
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Complaint |
The allegations made by a plaintiff in a lawsuit |
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Answer |
A document filed in court by a defendant responding to a plaintiff's complaint and explaining why theplaintiff should not win the case |
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Counterclaim |
A complaint brought by the defendantagainst the plaintiff |
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Deposition |
A pretrial discovery tool involvingoral examination of a witness to produce a written verbatimrecord |
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Interrogatories |
Specific written questions or requests raisedby one party to a lawsuit that the opposingparty must answerin writingspan |
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Discovery abuse |
Occurs when an attorney attempts to bury the defendantin broad discovery requeststhat ask for every documentin the possession or knowledge of the defendant. If the defendant fails toproduce every item, a "discovery fraud" issue becomes the center of the plaintiff 's presentation to the jury |
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Motion |
A formal request for the court to take a particular action |
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Subpoena |
A legal order to a witness to appear at a certainplace and time to testify or to producedocuments |
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Requests for admissions |
These reducethe scope of a disputeby establishing an agreed-on set of facts |
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Directed verdicts |
This verdict ends atrial before deliberations begin. The attorneyfor the defendant moves to dismissthe case becausethe plaintiff failed to provide enough evidence to support the allegations in the lawsuit. |
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Judgment Notwithstanding the Verdict (JudgmentN.O.V.) |
Occurs when an attorney moves for the judge to rule in favor of one party even though the verdict favoredthe other party. This motion is granted only if the weight of the evidencewas clearly in favor of the losing party. This could occur if the jury sympathizes with a plaintiff,despite the facts |
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Appeal |
A request to a higher court for a review of a case |
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Litigation management |
An ongoing process intendedto control legal expenses while maintaining high-quality legal services |
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Performance metrics |
Measurable performance criteria used to track performance from one period to the next |
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Litigation guidelines |
Guidelines to develop clear, up-front understandings between the insurer and legal counsel about the insurer's expectations of counsel, including its positionon the necessity and benefits of services per formed. Theseguidelines control litigation costs by restricting defense counsel's actions performed without permission |
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Case budget |
Developed by theclaim representative with defense counseland includes a discoveryplan, a pretrial motion plan, anda trial plan. It can be adjusted as warranted as the case proceeds |
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Third-party auditors |
Entrepreneurs, often former claim representatives or practicing lawyers, who claim the abilityto accurately analyzelawyers' bills and help insurers reduce the excessin them |
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Attorney-client privilege |
The work and communications between a client and an attorney that are not discoverable by the opposing party in an action. This is based on the rationalethat clients should be able to trust and confide inlegal counsel to obtain the bestpossible defense |
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Hourly billing |
A fee arrangement in which defense lawyers charge theclient by the hour for servicesprovided |
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Yearly retainerarrangement |
When the defenselawyer or law firm agrees to handle every case (within certain guidelines) for the insurer in return for a fixed lump sum payment. The fee is renegotiated at the end of each year- |
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Flat fee |
A fee arrangement in which the attorney agrees to handle the case from start to finish for a specifiedamount |
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Modified flat fee arrangement |
A flat fee chargedfor a defined segment of the case.This generally includes the common,basic legal work to be completed. An hourly rate is charged for additional work such as trialpreparation and trial activity |
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Capped fee arrangement |
Arrangement in which the insurer agrees to pay an hourly rate for the work performed on the case, but a maximum amount limits the total cost for the case |
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Blended hourly rates |
Represent billingthat is charged on an hourlybasis, but at a fixed hourly rate, whether a seniorpartner in the firmor the newest associate |
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Defense contingency fees (outcome-modified billing) |
A payment arrangement that gives law firms an opportunity to share the rewards of controlling costs and insurerloss payouts. If the defense lawyer succeedsin keeping awardsas low or lower than agreed on in advance, the lawyeris rewarded the higher fee. |
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Volume discount |
When a defense lawyer chargesa lower hourlyrate in considerationfor a large volume of work. Complex work might warrant a higher rate than routine work |