Merry Christmas - You Have Been Served!

[Gulfman]

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How is he a scumbag? Did he cheat, did he steal, did he violate the code of conduct?

He was hired to represent his client to the best of his abilities. I would say he did so as he got a settlement from Dave's E&O carrier.

Maybe we need tort reform, but that is a slippery slope. Unless we are willing to jail people for mistakes, we need the ability to sue. Money is how we "correct" a wrong in our society. So unless you think a doctor, attorney, business owner/executive, agent, the person at fault in an accident, etc. should go to jail for a mistake, then we need the ability to sue and make them financially pay.

ABSOLUTE WRONG. Attorneys sue and extort money all the time...and its called "Legal Abuse." They are abusing the system. It costs very little to file a lawsuit...and with legal form templates, paralegals are doing most of the leg work. These High volume PI firms are settling 100's of cases every month. 100's.... (YEAH...all in the name of "justice"----BS!)

There's rarely justice to be found in the Legal System...both civil and criminal. Lawyers are psychopathic professional liars. Its not a system of truth...but a system of WAR aka: the adversary system. If there was NO INSURANCE, then lawyers would be broke....pushing wills or defending Rich Criminals like OJ.

Both sides of the fence (PLAINTIFF AND DEFENSE) are profiting from a broken system and the insureds (that all of us), have to pay for this filthy justice system.



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[VolAgent]

ABSOLUTE WRONG. Attorneys sue and extort money all the time...and its called "Legal Abuse." They are abusing the system. It costs very little to file a lawsuit...and with legal form templates, paralegals are doing most of the leg work. These High volume PI firms are settling 100's of cases every month. 100's.... (YEAH...all in the name of "justice"----BS!)

There's rarely justice to be found in the Legal System...both civil and criminal. Lawyers are psychopathic professional liars. Its not a system of truth...but a system of WAR aka: the adversary system. If there was NO INSURANCE, then lawyers would be broke....pushing wills or defending Rich Criminals like OJ.

Both sides of the fence (PLAINTIFF AND DEFENSE) are profiting from a broken system and the insureds (that all of us), have to pay for this filthy justice system.



.

Let's take it all at face value. Then what is the solution? Making it cost more to sue is not the answer. All that does it deny justice to those with less means.

Just as an example, I was talking to a carrier rep for a non-standard company. He is of the opinion that some companies deny claims simply because they know the person is poor and it is too small for an attorney to take on. That is wrong.

You cannot have real tort reform unless you have another method to punish bad actors. Unless you are willing to jail someone versus a financial judgement, all you are doing is shielding bad actors from the legal liability.

 

[AZDave]

The moral of this story: frivolous E&O claims can be filed easily and the carrier will throw money at it, less expense than cost to defend. Just like we see all day long with low impact auto bi claims that have attorney representation. Really thought E&O would be different. It isn't.

This is the first policy limits auto liability case that I have had where the claimants really went after the insured. The claimants attorney did his job quite well. The insured's attorney lessened the blow to his insured by filing against my E&O, thus doing his job quite well. My attorneys kept expenses down by agreeing to mediation and offering settlement, doing their job for the E&O carrier.

All attorneys walked out happy, as they always do, and always will.

The thee parties they all represented - no happy faces anywhere.

 

[xrac]

The moral of this story: frivolous E&O claims can be filed easily and the carrier will throw money at it, less expense than cost to defend. Just like we see all day long with low impact auto bi claims that have attorney representation. Really thought E&O would be different. It isn't.

This is the first policy limits auto liability case that I have had where the claimants really went after the insured. The claimants attorney did his job quite well. The insured's attorney lessened the blow to his insured by filing against my E&O, thus doing his job quite well. My attorneys kept expenses down by agreeing to mediation and offering settlement, doing their job for the E&O carrier.

All attorneys walked out happy, as they always do, and always will.

The thee parties they all represented - no happy faces anywhere.

The only ones who almost always win even when they lose is the attorneys.

 

[VolAgent]

The thee parties they all represented - no happy faces anywhere.

To be frank, that is the sign of a good mediator. Everyone compromised some.

Again, I'm sorry you got dragged into it. And it is disappointing the E&O attorneys settled so quickly. You would hope they would fight it to avoid setting a precedent for settling cases too quickly or cases like this.

 

[AZDave]

"You would hope they would fight it to avoid setting a precedent for settling cases too quickly or cases like this.

Exactly. Even having a most documented & defendable file, the message is clear to attorney's - sue the agent and you will get something.

 

[Gulfman]

"You would hope they would fight it to avoid setting a precedent for settling cases too quickly or cases like this.

Exactly. Even having a most documented & defendable file, the message is clear to attorney's - sue the agent and you will get something.

Nope. This is business. Settling lawsuits is a business decision. Unless the the "ins.co." sees a clear case win or its cheaper to try the case, they will settle every time. Lawyers know this and therein lies THE PROBLEM. If you want to fight on principles, you gotta pay for that yourself...the ins.cos. WON'T.