In The Insurer’s Duty to Defend: A Quick Analysis, attorney and indemnity expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.
In making the determination of a duty to defend, the truth or falsity of the allegations in the pleadings are not a factor.
Likewise, what the parties know or believe to be the true facts is not a factor to be considered.
In The Insurer’s Duty to Defend: A Quick Analysis, attorney and insurance expert witness Thomas H. Veitch describes some general rules applied by Texas courts and other jurisdictions following the “Eight Corners Analysis” regarding a duty to defend.
A duty to indemnify is based on whether the alleged facts are actually established; for example, a ruling of the court or the findings of the jury.
If an insurer owes a duty to defend any portion of the suit, the insurer is obligated to defend the entire suit.
Media experts may consult on the media culture, media formats, media education, and related issues. On July 13, 2011, US Senate Bill 1354 — Healthy Media for Youth Act was introduced and deals with media literacy. The Center For Media Literacy writes:
Media literacy, therefore, is about helping students become competent, critical and literate in all media forms so that they control the interpretation of what they see or hear rather than letting the interpretation control them…. Len Masterman, the acclaimed author of Teaching the Media, calls it “critical autonomy” or the ability to think for oneself.
Read more: medialit.org.
In Defining Success in Risk Management Kathleen M. Beans, editor of the RMA Journal, and risk management expert writes:
Financial services leaders addressed two questions during an RMA chapter panel discussion this spring:
What do you mean by success at your enterprise and how does risk management contribute to that success?
Trucking expert witnesses may testify on hours of service, trucking accidents, and federal motor vehicle safety standards, as well as related issues. In Pillars of Driver Retention Truckinginfo.com author Marc Mayfield writes:
You can tie down your loads but you can’t tie down your drivers. However, with a little forethought, you might be able to keep the good ones feeling secure.
In a loose adaptation from the book “In The Driver’s Seat: Interstate Trucking, a Journey,” trucker/author Marc Mayfield offers these tips for keeping your operators satisfied:
Computers expert witnesses may provide reports concerning computer storage, computer systems, computer forensics, and associated issues. In the news this week, Facebook will be building its first data center outside the US in the Swedish town of Luleaa which is located sixty miles from the Arctic Circle. The center will have 3 buildings of 300,000 square feet each. Facebook says the area is distinctly appealing because cooling computer servers is a major issue.
Risk management plans expert witnesses may consult on risk assessment, financial risk management, and related matters. The risk management plan prepared by the Northrop Grumman Corporation for Interoperability Montana explains risk management.
The identification of risk normally starts before the project is initiated, and the number of risks increase as the project matures through the life cycle. When a risk is identified, it’s first assessed to ascertain the probability of occurring, the degree of impact to the schedule, scope, cost, and quality, and then prioritized. Risk events may impact only one or while others may impact the project in multiple impact categories. The probability of occurrence, number of categories impacted and the degree (high, medium, low) to which they impact the project will be the basis for assigning the risk priority. All identifiable risks should be entered into a risk register, and documented as a risk statement.
Read more: interop.mt.gov.
Merchandise licensing expert witnesses may testify on character images, merchandising, and licensing fees. In Power Rangers Halloween Costumes Morph Into Copyright And Trademark Infringement Suit, Milord A. Keshishian writes on the case against Underdog Endeavors, Inc. Go to:
Paralegal Knowledge Institute is offering a 4-week online, interactive course specifically designed for paralegals entitled: THE PARALEGAL’S ROLE AT TRIAL
Class #1: Pre-Trial Part 1
Introduction Witness and Exhibit Lists Working Within the Trial Team (Planning, Objectives, Expectations, Tasks)
In Nightclub & Bar Security: Death of a Nightclub, nightclub security expert Chris McGoey, CPP, CSP, CAM, writes:
Nightclub problems arise when there is intentional over-crowding, over-serving of alcohol, failing to ban minors, admitting and serving obviously intoxicated persons, and known troublemakers. Other liabilities include failure to control loitering in the parking lot, failure to establish and enforce reasonable club rules, and an intentional policy not to call the police when warranted. Poor business decisions can make a club too intense and will place too much responsibility in the hands of club bouncers to control misconduct. This is a big mistake.
Read more: crimedoctor.com.
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