A while back I wrote a blog post on a district court ruling that an insurer did not have an obligation to disclose in its insurance policy that it would use staff counsel to defend the insured.
Commentators have questioned whether, after the Supreme Court’s decision last year in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), a defendant could, by making a settlement offer or offer of judgment on a named plaintiff’s claim, render the case moot and prevent the certification of a class.
While most state courts have sustained the right of insurers to use staff counsel, nearly all require that the insured be advised that the lawyers in question are employees of the insurance company.
As some of you may know, I commonly write posts on “personal branding” involving sports figures and other celebrities. (See here, here, here, here, and here).
A pair of recent decisions explain what a defendant must have done in a forum state to be properly haled into court there.