May 3, 1999, Plaintiff Lambros' letter to Attorney Donna Rae Johnson and Attorney Donna Deborah Ellis as to Defendant Faulkner's INSURER'S DUTY TO DEFEND, in LAMBROS vs.FAULKNER, Civil No. 98-1621. Total of two (2) pages.
John Gregory Lambros, Pro Se
Reg. No. 00436-124
P.O. Box 1000
Leavenworth, Kansas 66048-1000 USA
U.S. CERTIFIED MAIL NO.
RETURN RECEIPT REQUESTED
Attorney Donna Rae Johnson &
Attorney Deborah Ellis
700 St Paul Building
St . Paul, Minnesota 55102
RE: LAMBROS vs. ESTATE OF FAULKNER et al.
CIVIL CASE NO. 98-1621 (DSD/JMM)
INSURERS DUTY TO DEFEND
May 3, 1999
Dear Attorney Johnson & Ellis:
Upon review of David J. Meiselman's book, "ATTORNEY MALPRACTICE: LAW AND PROCEDURE," 1980, by The Lawyers Co-operative Publishing Company, I noted that Defendants who are attorneys within a legal malpractice claim have the duty to provide timely notice to there insurance companies and that the insurance company has a duty to defend. See, SACHS vs. ST. PAUL FIRE & MARINE INS. CO., 303 F. Supp. 1339 (1969); CONTINENTAL CAS. CO. vs. COLE, 809 F.2d 891, 897 (D.C. 1987); PEPPER'S STEEL & ALLOYS vs. U.S. FIDELITY & GUAR., 668 F.Supp. 1541, 1545 (S.D.Fla. 1987). Courts have held that if any elements of the complaint might fall within the policy coverage, then the duty to defend applies. Similarly, where a defense to an action against an attorney was REFUSED by the insurer because of the allegations of FRAUD against the lawyer, the court held that the company had an obligation to defend any lawsuit against a lawyer arising out of the performance of legal services regardless of what the complaint alleged. See, CONNOR vs. TRANSAMERICA INS. CO., 496 P2d 770 (1972, Okla.)
To date, Attorney Johnson, Ellis and Sheila Regan Faulkner (who also represents the estate of C.W. Faulkner) have maintained that the insurance companies are REFUSING TO REPRESENT THERE INTERESTS. My research indicates that I am placing myself in a position that may allow the STATUTE OF LIMITATIONS TO RUN OUT AS TO THIS CAUSE OF ACTION AGAINST THE INSURANCE COMPANIES FOR FAILING TO JOIN ALL POSSIBLE PERSONS WHOM A JURY COULD FIND TO BE NEGLIGENT.
I am requesting to place both the attorneys for the insurance companies and the insurance companies of all defendants in this action as DEFENDANTS. Therefore, I am requesting you to provide me with the limits of the coverage provided in defendants Attorney C.W. Faulkner, Sheila Regan Faulkner and Faulkner & Faulkner insurance policies. In case of no coverage, DISCLAIMER, RESERVATION OF RIGHTS OR ANY OTHER CONDITION RELEVANT TO COVERAGE OF THE DEFENDANTS. In addition, if
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there is additional, concurrent or umbrella coverage, please so inform me. It is my belief that we will eliminate the manufacturing of a false record by offering the court and all parties full disclosure, thus eliminating the chance of a bad faith lawsuit.
I also understand, as attorneys representing the defendants' in this action, that you are placed in the delicate task and responsibility of informing the insurer of its duty to defend the insured and if you cannot accomplish this objective, you should both withdraw from the case upon proper notice. See, ABA Code of Professional Responsibility, DR2-llO(B)(2), DR2-110(C)(l); H. Drinker, Legal Ethics (1953); BRODSKY, DUTY OF ATTORNEY APPOINTED BY LIABILITY INSURANCE COMPANY, 14 Clev-Mar L Rev 375. quoting, ATTORNEY MALPRACTICE, Id. at 294, n.54.
Upon review of your statements within motions to the court, you have never stated that this Plaintiff's claims are NOT DURING THE POLICY PERIOD of defendants' malpractice insurance policies, occurrence and/or claims made.
BOTH ATTORNEY JOHNSON & ELLIS ARE DENYING THIS PLAINTIFF THE RIGHT TO SETTLE OR COMPROMISE CLAIMS AGAINST DEFENDANTS INSURER.
By the terms of Defendants' malpractice insurance policies, it is standard that the terms of the policy offers exclusive right to settle or compromise claims against the insured. Thus, you have the legal duty to inform me of all malpractice insurance policies as to all defendants in this action so I may undertake my right to settle or compromise claims in this action.
Thanking you in advance for your consideration and immediate attention in this matter.
John Gregory Lambros, Pro Se
Boycott Brazil Supporters
Clerk of the Court
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For more information write (snail mail) JOHN GREGORY LAMBROS directly at:
JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000
THANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.