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$100 Damages
recovered for personal injuries are excluded from this for tax purposes What
is gross income? $200 This
tax hazard can occur when the plaintiff has too much control over
structured funds. What
is constructive receipt? $300 Persuading
the carrier to label a seriously injured beneficiary this way can
significantly increase a structure’s payout What
is as a rated up risk? $400 Of
present value, actual cost and guaranteed payout,
the measure which should be used to calculate a contingent fee on a
structured settlement What
is actual cost? (except
where present value is lower) $500 This
transfer of an obligation to make fixed periodic payments in exchange
for release is governed by Internal Revenue Code §130 What
is a qualified assignment? Liability
Insurance Policies $100
Absent
a “consent clause,” a liability insurer enjoys this absolute right
in conjunction with its duty to defend What
is settle within policy limits? $200 This
provision in a professional liability policy lowers policy limits if the
insured refuses to consent to a proposed settlement. What
is the “hammer clause?” $300 This
provision in a liability policy requires the insured to assist in the
investigation and defense of a claim What
is the cooperation clause? $400 What
a carrier must establish in order to deny a claim due to late notice. What
is prejudice? $500 Per
Texas Farmers Ins. v. McGuire, these doctrines do not
create coverage where none existed in the contract of insurance. What
are waiver and estoppel? Conflicts
of Interest $100 This
1973 decision held a defense attorney's duty to the client trumps the
interests of the carrier paying for the defense. What
is Employers Casualty Co. v. Tilley? $200 The
two things a lawyer must do to ethically represent both the driver and
passenger in an auto collision injury case. What
is believe that the representation of each client will not be materially
affected and get their consent? $300 The
advice which an insurance defense counsel must give to an insured who
wants to cooperate with the plaintiff to “set up” the carrier. What
is “hire independent counsel?” $400 The
advice which an insurance defense counsel can freely give when an
insured seeks advice about coverage issues ? What
is none at all, or “get independent counsel” $500 The
TRCP-prescribed compensation for an ad litem appointed to resolve a
potential conflict between a minor and next friend. What
is a reasonable fee taxed as costs Insurance
Code Deadlines $100 Under
Art. 21.55, an insurer that has notified a claimant that it will pay all
or part of the claim must do so no later than this interval after the
notice. What
is five business days? $200 The
time an insurer has to notify its insured in writing of an offer to
settle a claim against the insured. What
is ten days after the offer? Art. 21.56 $300 After
proof of loss, the time an insurer has to give written notice that it
accepts or rejects a valid claim. What
is fifteen business days? Art.
21.55 $400 The
time an insurer has to notify its insured in writing of a settlement of
a claim against the insured. What
is thirty days after the settlement?
Art. 21.56 $500 An
insurer’s failure to meet the deadlines of Art. 21.55 entitles the
claimant to the amount of the claim, reasonable attorneys fees and this
as damages. What
is 18% per annum of the amount of the claim? Rights
of Third Parties $100 Though
similar to MedPay coverage, this auto policy benefit does not
create a right of subrogation. What
is Personal Injury Protection (PIP) Coverage? $200 One
of two entities whose subrogation rights are sometimes called “Superliens.” What
is Medicare or Medicaid? $300 The
workers compensation carrier’s right with respect to settlement funds
in excess of subrogation, fees and costs. What
is a credit or offset against future benefits? $400 Two
things a lawyer receiving funds in which a client or third party has an
interest must promptly do after notifying the client and third party. What
is deliver the funds to the client/third party and render a full
accounting? $500 This
rule can be used to block a claim for common law subrogation when the
plaintiff's compensation is insufficient. What
is the “Made Whole” doctrine? Settlement
Credits $100 The
settlement credit method that applies when conflicting elections are
made What
is the sliding scale? $200 By
1995 amendment to the Civ. Pract. & Rem. Code, it's required before
submission of a settling person's conduct to the jury. What
is “sufficient evidence to support the submission?”
$300 If
a sliding scale election is made, the sum that is credited against a one
million dollar verdict? What
is $145,000 5%
of damages to $200,000 10%
of damages from $200,001 to $400,000 15%
of damages from $400,001 to $500,000 and 20%
of damages greater than $500,000. $400 In
the 1999 Drilex case, the What
is “one claimant?” $500 Under
the Utts decision, to seek a credit for settlement with a
non-party, the amount of settlement must be of record and this
must be alleged. What
is "a benefit to non-settling claimants?"
Fee
Agreements $200 An
oral fee agreement is permitted between a lawyer and client, What
is a contingent fee? Ethics
Rules 1.04 $400 Ethically-speaking,
this lawyer can collect attorney’s fees without doing any work on the
client’s behalf. What
is a “forwarding” lawyer? Ethics
Rules 1.04(f) $600 A
contingent fee agreement signed by the client but not the lawyer is this
if not fully performed What
is voidable and unenforceable $800 A
modification of the attorney employment agreement made in the course of
representation is presumed to be this What
is tainted with fraud on the part of the attorney? $1,000 Per
Texas Ethics Opinion 542, a “fixed fee” arrangement between an
insurer and defense counsel must be based on this? What
is “defined stages of representation in the liability defense?” Do
You Know your Arce from your Elbow $200 The
cause of action at the heart of Arce v. Burrow What
is Breach of Fiduciary Duty $400 The
fearsome remedy recognized by the Texas Supreme Court in Burrow
v. Arce What
is Fee Forfeiture? $600 Under
Arce, it’s what’s required to prove causation after
breach of fiduciary duty has been shown What
is nothing at all? $800 Of
“nature of the wrong,” “degree of culpability,” “adequacy of
other remedies” & “amount of attorney fee,” the one not
a factor for a court deciding fee forfeiture What
is amount of the attorney fee? $1,000 The
remedial options available to a jury
for a breach of fiduciary duty What
is none? Only the
trial court can determine issues of equitable remedies Beginning
with “S” $200 What
What
is Stowers Demand? $400 A
hospital lien for first confinement is only valid when treatment
commences within this interval after injury What
is seventy-two hours $600 Medical
insurers may possess this legal right requiring resolution in connection
with settlement What
is subrogation? $800 Per
DR 106(a), an attorney may not represent opposing parties to this What
is the same litigation? $1,000 In
addition to A.M. Best, this rating service should be consulted when
gauging the financial stability of an annuity carrier What
is Standard & Poors? Privileged
and Confidential $200 Insurance
defense counsel may keep the insurer reasonably informed, but must get
the insured’s consent before sharing this What
is confidential client information? (Privileged and unprivileged) $400 Insurance
defense counsel must get this before submitting a descriptive fee
billing to a third-party auditor What
is the client’s informed consent? $600 The
only instance when, absent client consent, defense counsel may be
permitted to reveal client confidences to the carrier What
is “when necessary to prevent the client from committing a criminal or
fraudulent act?” $800 The
‘great’ name used to describe a mandatory separation between
in-house coverage counsel and captive defense counsel What
is Chinese Wall? $1,000 Communications
between attorney and client must always have this character before they
can be considered privileged What
is confidential? Odds
and Ends $200 The
banned settlement strategy where a defendant acquires an interest in the
plaintiff’s claim but stays in the case What
is a Mary Carter agreement? $400 Notice
from a carrier that, although it will furnish a defense to the claim, it
may be unwilling to indemnify all or part of the outcome under the terms
of the policy What
is a Reservation of Rights a/k/a Non-Waiver Agmt? $600 The
required response when defense counsel learns the client may have excess
liability coverage What
is notify the excess carrier? $800 Required
for a valid fee agreement granting a lawyer the greater of a contingent
fee or an hourly rate What
is the contingent fee percentage and the hourly rate must both be below
the lawyer’s customary rate? $1,000 The
rule barring a plaintiff from recovering in settlement a sum greater
than the damages determined by the finder of fact What
is the “one satisfaction of judgment” rule? PotPourri $200 The
one who decides trial strategy issues, such as whether to hire experts
or file a motion for summary judgment What
is the attorney, exercising independent professional judgment? Insurance
companies cannot direct or restrict how retained counsel conducts the
defense of the insured. $400 Settlement
terms may require confidentiality and return of proprietary information,
but cannot prohibit plaintiff’s counsel from doing this What
is representing others against the defendant.
$600 It’s
required to limit the scope of the defense furnished by defense counsel What
is the consent of the client after consultation? $800 Number
of Ethics Opinions that have been issued by the Supreme Court
Professionalism Committee What
is 542? $1,000 The
response required of defense counsel when the carrier refuses to
authorize retention of a necessary expert What
is hire the expert anyway? Final
Jeopardy The
name of any Justice of the Texas Supreme Court other than Phillips,
Hecht, Enoch and Owen Who
is Harriett O’Neill, Wallace Jefferson, Michael Schneider, Steven
Smith or Dale Wainwright?
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