Articles by Arthur Paul Berg

    I have written these articlles over many years.  Their content was accurate at the time I wrote them, but I have not made any attempt to update them to reflect new case law or other developments.  Please feel free to use any of these articles as the starting point for your research.

"Mining the Electronic Motherlode:  Techniques for the Discovery of Electronic Data,"  The Advocate (Sept. 2006)
Over 90 percent of corporate information never gets reduced to paper.  Make sure that your discovery doesn't miss the riches of the electronic motherlode.

"Building Your Judicial Capital: 10 Tips for Motion Practice"  The Advocate (March 2005)

Want to improve your success in motion practice hefore your trial judge? Here are ten easy to follow rules for winning.

"Attorneys Fee Awards in Cumis Fee Arbitrations," Forum (Dec. 2002)
The insurance company has dragged the Cumis attorney through a length and expensive fee arbitration. Does he have any redress?

"The Supplementary Payments Provision and the Insurer's Obligation to Pay Attorneys Fees Awards," CGL Reporter (1998)

The typical liability insurance policy contains a clause requiring the insurer to pay all costs awarded against the insurer, irrespective of its limits of liability. The prudent plaintiffs attorney should not overlook the supplementary payments provision in his efforts to find coverage for his judgment.

"Where Did Our Policy Limits Go? A Self-Defense Primer for The Cautious Insurer," CGL Reporter ( 1990)
I have often heard plaintiffs attorneys lament that third party bad faith is dead since Moradi-Shalal v. Fireman's Fund.  Not so.  Although written from a defense perspective, this article gives some valuable tips on ways that insurers still can make mistakes in their claim handling which remove the policy lmits.

"Litigating Insurance Declaratory Relief Actions," CGL Reporter (1986)
You have liability and damages, but the insurance company is disputing coverage. Sooner or later, you will be involve in a declaratory relief action.

"After Cumis: Regaining Control of the Defense," For The Defense (August 1985)

Practical advice for insurers who want to avoid having independent Cumis counsel control the defense of their insured.

"Losing Control of the Defense - The Insured's Right to Select His Own Counsel" For The Defense (July 1984)
Written months before the decision in Cumis, this article explores the circumstances under which the insured is entitled to select his own defense counsel at the insurer's expense.

"Occurrence: An Elusive Description," Defense Research Institute (Monograph 1982)
Typically, commercial liability insurance policies are triggered by an "occurrence."   Depending on the timing of the occurrence, the insured may have greater or less coverage ... or even no coverage at all.  The article explores that timing issue.

"Comparative Contribution: The Equitable Distribution of Accident Losses," Insurance Counsel Journal (Fall 1976)

The landmark decision of the Supreme Court in Li v. Yellow Cab Co. raised significant questions regarding the status of claims for implied indemnity and contribution among joint tortfeasors.  Written before the adoption of Proposition 51, this article proposes a method to deal with the issue.





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 Mining the Electronic Motherlode
 Building Your Judicial Capital
 Attorneys Fee Awards in Cumis Fee Arbitrations
 The Supplementary Payments Provision
 Where Did Our Policy Limits Go?
 Litigating Insurance Declaratory Relief Actions
 After Cumis: Regaining Control of the Defense
 Losing Control of the Defense
 Occurrence: An Elusive Description
 Comparative Contribution

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