Contingencies in Settlement Agreement Need to Be Clear

The Medicare Secondary Payer law creates contingent liabilities for the insurance company or self insurance plan settling a liability or workers’ compensation claim. One way to mitigate against those liabilities is to settle a claim based on certain conditions. In...

Ethics Issue – Attorneys Cannot Indemnify on Behalf of Clients

Many times our Company is asked whether or not it is appropriate for a lawyer to sign a release agreement that includes an indemnification clause by the lawyer or law firm.  The issue has come up more frequently as primary plans (insurance carriers and self insureds)...