MC&L Publications

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Contesting the Costs of Independent Counsel: Using Regional Fee Scales as Evidence of Reasonable Rates: This article, written by John Zulkey and appearing in the October 2016 issue of DRI: For the Defense, is intended to assist insurers and their counsel in identifying and proving what a reasonable rate for independent counsel is through reference to empirical and unbiased matrices of regional rates.

Related Acts Provisions: Patterns Amidst the Chaos: This comprehensive reference tool, written by John Zulkey, focuses on proving whether claims are “related” or “interrelated.” This law review article provides in-depth guidance on various procedural questions regarding these provisions, along with summaries of approximately 200 decisions sorted by claim type in order to aid the reader in finding useful guidance on this subject.

What Do American Healthcare Organizations Want from Their Professional Liability Insurers in 2014?:  This MC&L presentation was created for the Bermuda Society of Healthcare Risk Management (“BSHRM”) in November 2013.

Summary Of United States Medical Malpractice Law: This MC&L book, which we first published in 1991, was revised in 1998. For each state and the District of Columbia, it contains entries on each of fourteen subjects of importance to medical malpractice insurance carriers, including the statute of limitations, damage caps, and local laws of joint and several liability.

The Insurability of Punitive Damages 2005: This is a state-by-state summary of legislation and case law governing whether public policy permits insurance to cover punitive damages. Among other issues, this publication identifies those states that do not permit one to insure against punitive damages resulting from one’s own misconduct, but permit insurance for punitive damages imposed as the result of vicarious responsibility for the acts of an agent or employee.

Enforcement of Foreign Arbitration Agreements and Awards in Insurance Coverage Disputes: As more insurance policies include arbitration clauses, it is important for both insurance carriers and insureds to understand how these may be enforced and what effect they will be given by foreign courts. This article covers, among other subjects, the Federal Arbitration Act and the New York Convention.

Best v. Taylor Machine Works: Why Public Act 89-7 Was Unconstitutional and Whether Tort Reform Is Still Possible in Illinois: This is the first in a planned series of memoranda on topics of interest to our clients. It discusses a recent Illinois Supreme Court decision that held the most important tort reform in Illinois history to be unconstitutional.

State ex rel. Ohio Academy of Trial Lawyers v. Sheward: The Ohio Supreme Court Rebukes the General Assembly and Declares Tort Reform Unconstitutional:This memorandum analyzes a new Ohio Supreme Court decision that invalidated all aspects of that state’s comprehensive tort reform effort as effectively as the Best decision did in Illinois.

What We Can Infer about Year 2000 Exposure from Medical Devices That Failed on January 1, 1999: Comments on a Recent FDA Advisory: Medical professional liability insurers are concerned about the potential for injuries that may be caused on or after January 1, 2000, by date-related software bugs in medical devices that contain embedded computer chips. This is a very brief discussion about an FDA Advisory concerning a few products that suffered failures of this nature at the beginning of 1999.

Government Study Finds Many Deaths Due to Health Care Errors and Recommends a New Federal Agency to Improve Quality of Care: A new report by the Institute of Medicine claims that errors by health care providers cause between 44,000 and 98,000 deaths each year. It recommends a new federal agency for medical safety, mandatory reporting of medical errors, and periodic retesting of health care professionals. Will this lead to a shift in federal policy and will it affect medical professional liability carriers?

Computer Security Publications: Information, Economics, Shifting Liability and the First Amendment: The public disclosure of computer security vulnerabilities unavoidably facilitates their exploitation, but such disclosure also enables the correction and elimination of vulnerabilities. This article from the Whittier Law Review co-authored by Ethan Preston argues that the legal system should extend liability to computer security publishers only with extraordinary caution.