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Jeffrey Isaac Ehrlich Editor-in-Chief


About


this Issue


Jeffrey Isaac Ehrlich Editor-in-Chief


Insurance – endlessly fascinating I find the subject of insurance end-


lessly fascinating. (What can I say? I’m an appellate lawyer.) So I always look forward to the annual insurance-related issue of Advocate. I always learn a lot, and this year produced a particularly fine crop of articles. Every year I turn to Kirk Pasich for


Jeffrey Isaac Ehrlich About


this Issue


policyholder-friendly decisions. If you handle insurance cases, you need to read this article. Chris Garris wrote about title insur-


an article, and every year he obliges. This year, Kirk and his colleague Cassandra Franklin have written about insurance coverage for liability relating to someone else’s intentional acts. The California Supreme Court has been active in this area, and has issued some very


ance. There are not a lot of title-insurance cases, but when things go bad with title insurance it can be nasty because people’s homes are involved. Chris has put togeth- er a very helpful primer on a subject that gets less attention than it deserves. Scott Glovsky’s article is on so-called


“Colonial Life” or “pattern and practice” discovery – discovery about the way that an insurer has handled claims similar to your client’s claim for other insureds.


Scott explains why this discovery can be vital if you are trying to recover punitive damages in a bad-faith action, and shows you what to go after. Frank Darras and Susan Grabarsky


are experts in disability law. Their article goes into some of the ins and outs of liti- gating an individual – and therefore non- ERISA – disability claim. Disability insur- ance has its own jargon and rules, and their article helps decode it. They also explain how to answer a vital, but often vexing question: How to tell whether a case is covered by ERISA or falls outside of it.


If your case falls on the wrong side


Facilitating Practical Solutions to the Most Challenging Problems


and you have a case covered by ERISA, Corrine Chandler’s article explores what you will need to be doing to win the case for your client. She explains some of the critical issues in ERISA disability cases, and then shows you in practical terms how those rules work through the lens of a particular case she handled. The Insurance Code mandates that uninsured/underinsured-motorist (UM/UIM) claims that don’t get settled be resolved through arbitration. Barry Goldberg is a first-time author in Advocate, has written about the strange world of these mandatory UM/UIM arbi- trations, including how they are similar to “regular” arbitration, and how they differ. Finally, CAALA’s 2010 Trial Lawyer of


the Year, Ricardo Echeverria, tells you how to try an insurance bad-faith case, from A to Z. Read his article, follow his advice, and maybe you’ll be the next Trial Lawyer of the Year. I am grateful to each of this year’s


MEDIATIONWITH GARY FIELDS


business | real estate | construction defect and accident professional liability | product liability | personal injury employment | insurance | complex litigation


To schedule a mediation, contact Mary Anne at 562-432-5111 www.fieldsadr.com


12— The Advocate Magazine JUNE 2011


authors for their terrific work. And as you read the magazine, please take a moment to admire the handiwork of the folks who make it a physical reality – Eileen Goss and David Knopf, who work for our publisher, Rich Neubauer. And I could not get the magazine out without the steady help from our managing editor, Cindy Cantu.


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