Posts Tagged ‘On second thought’

Thought Better of It

December 8, 2010

As I understand it, thirty years ago today, John Lennon died.  Last year, at lunch from work, an accountant from New York City was explaining how she’d shown her niece around the city.  She showed her The Dakota and explained it was where John Lennon had been shot.  She was surprised that her niece was rather indifferent to that part of the tour.  I decided to not mention that John Lennon had been shot a month after I was born.  It was probably best.

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Maybe, Maybe Not in Civ Pro

November 4, 2010

We learned in civil procedure that liability insurance is a way to protect against meritless lawsuits because the insurance will protect the defendant from the cost of litigation.  My thought is, couldn’t the insurance end up protecting against the litigation that its very presence is inviting?  It seemed like circular logic to me.  A defendant needs insurance to protect against the cost of litigation.  But, as we’ve learned time and time again in torts, plaintiffs tend not to sue defendants with no money, and that a defendant with insurance can become a nice cash cow to fund a settlement or judgment.  So, we’re left with having insurance to avoid litigation cost, but potentially invite litigation, or not have insurance in order to be unattractive to litigation, but be on the hook for costs if litigation does happen.