News Scrapbook 1988
Continued from Page 1 "Our overall conclusion is that we are 11till interested in doing business in California, re- gardless of what happens with Proposition 103," O'Regan said. "But we're a little con• fused with how to work with it." Profitability He said, "I don't know if (malpractice insur- ance) would be profitable with a 20 percent rollback." While Home Insurance's solvency would not be threatened by Proposition 103, O'Regan said, "If a particular line is not profit• able, you can't expect the company to continue writing that line." Fellmeth said, "I don't see why (any insur- er) would leave California. There's a huge market here. There's lots of money." Passage of the measure apparently has im- peded the State Bar's effort to expand the mar- ket in California. Sacramento attorney Kevin R. Culhane, chainnan ofthe bar's maJpractice insurance committee, said negotiations with major carriers to enter the state under the bar's auspices have been sidetracked as the insurers evaluate the possible impact ofPropo- sition 103. The bar has been struggling since 1985 with what some call a crisis in the affordability and availability of lawyer malpractice insurance. After dropping a plan to require all attorneys to carry insurance earlier this year, bar offi- cials began efforts to increase the availability for uncovered lawyers, who account for 36 per- cent of the state's full-time private practitioners. ''The existence of Proposition 103 is a prob- lem" for the carriers In negotiations with the bar, Culhane said. "They are waiting for ad- ministrative and court interpretation." Culhane said one major carrier that was "se- riously considering coming into the state" sent a letter to bar officials saying the firm wanted to evaluate the initiative's potential impact. Fellmeth cast doubt on the motives of com- panies that say Proposition 103 inhibits their desire to enter the California market. He noted new carriers would not be affected by the 20 percent rollback, since they would have no rates to which the rollback would be applied. New companies, Fellmeth said, "are not af. fected, except to the extent that they actually will be subject to prior approval (of rate changes)." He indicated insurer aversion to regulation may be the real reason for any re• luctance to operate in California. The backed initiative could force insurers to toughen underwriting standards and stop cov- ering attorneys in high-risk areas of practice, according to Hadfield and others. That could have a particularly damaging impact on per- sonal injury and real estate attorneys, who accounted for 32 percent of the malpractice
claims reported in the state between 1980 and 1987. "We would have to very carefully under- write," Hadfield said. He added that that could mean the company would write no new busi- ness "or only good (lower risk) business." O'Regan agreed, but said: "There are other options. You could rewrite a policy so that it is not so broad." As an example, he noted Home Insurance offers its clients a "tail period" of between one and three years after expiration of their poli- cies. Under such a provision, the insurer cov- ers any claim filed within the tail period, lf the act OCctUTed while the policy was effective. Home Insurance could reduce its tail cover- age in reaction to Proposition 103, O'Regan said. Lawyers who would be especially affected by reduced tall coverage include estate planning, real estate, and securities attorneys, Hadfield said. He said those areas of practice typically have a longer gap between the act of alleged malpractice and the filing of a claim. Higher Standards Fellmeth said higher underwriting stan- dards would not necessarily be bad from a consumer standpoint. "If you have higher underwriting standards, coupled with mandatory insurance," he said, "people who are super, super high risks won't be practicing." Of the possibility insurers would reduce cov- erage, Fellrileth said: "It would not necessar- ily be detrimental. The attorney would have to bear some of the risk." Attorneys unable to find malpractice insur- ance could become more selective in taking cases, some attorneys say, to reduce the expo- sure oftheir personal assets to .claims. That, in turn, could reduce acce11.1. ~Glf.be, courts for . Said Scott: "It's going to affect consumers no matter what. Attorneys would become more selective." But he added the proposition could have a beneficial impact if "more cases are referred to more qualified attorneys." Culhane said lawyers "may be more selec- tive in taking cases." He predicted that while cases involving serious injuries and strong li- ability would not be a.ff • cted, attorneys could be more reluctant to take "novel cases" or those in which liability is marginal Consumers could be affected in another way, too. If lawyers do not carry malpractice insur- ance, consumers might find it difficult to ob- tain monetary compensation for legitimate ~- Most California lawyers do not have as much personal assets as many people believe. If an attorney is not covered by malpractice insurance, in many cases "you can get a judg- ment, but it might not be collectible, Culhane consumers.
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Known for hi good hum wit, Murphy po icy <1bout three requires p.1rcnt.~ c1 h I . a1 addition lo hrs hc1t1/~~;~ itg?·, In .lh<'1r minor ch1ldrP11 even itth:; ar under 6, Murphy ,lid he w. ·wPUlrfrPd to a!'t by hrs hPliC'f that 1:;, to provuf c fw is a trap from he frpp;any .·ingle parents need lo "The weJf, rn , y Lem, maJonty of pC'opJe, Jllst ScC'ms lo hl• who arc ~n aid nev~r seem r;~o;c~ their rh1lrlrC'n' chrldr n Wmd llp on rt, 11uf rt. 11t'V< r eritl,rig.. "' 0 ,lr"ll .~ t'-,~t lhr lonunr ·' "" " ,,,. f<>r thn , rrrc•u1to11s" h<• th1zps wrth the . I.res that child Judge said he has never ertcd ,1•1 unohhgrng par nt for contempt and do<' n't plar lo. But thos<' who fail to obey his directive arc 'abelcd "non-cooperative" 111 notices sent to the DepartmPnt of Social Srrvrc e In some instances, that has cau e,f a woman· md to hi' c n. care puts on ,1 meager hou <'hold u get ,m< that he attempts to t..1kc u person·. earning J>Ol<'nt1al into J<·c·ount when issuing his oroers. b d I mu hroom111g numb<' of work,ng mother., the government may <'vcntually have to operate or ll"l- derwrrte day.cur<' renters to makP the ,crv1ce .iffordahlc. fl t M h urp Y is not c·onv111re1l th l th e only Jobs avad.rbl" welfare 1·ec1p1cnts are with a fast- food re laurant or other 10>1 -p..iy u a 10 Ile also behc•ve that With the "This is the r<',d Iv p lllll1 vc side of the 1ss11r, and I l'an guarantee that f some of these people have $_200 less ul the bcgmnrng of lhc month, the_; won't be making their rent payment," said Colll'en F'ahey fo'earn, another Leg.ii Aid lawyer work mg on lhP ca. c Sllll. A k I s <'< when• he finds HU th r for hrs Poltc-y, the :i2 Y<'ar-0Jd1~r'1~ ''.01,nts to ,1 S<'Ct1on of lhp st,Hp c1v11 r<'qt11rrng both parents to in the ra1s111g of lh<•ir <"hrl - "I usk these P<1rent,· on ,lief rno~L or I h<'m arc womn11 wh 't'h h t re 1· anything cmot1011allv or 'lll
1 1-: Wll P YSIC'UIJy wror ( • h h ' l <'111 or lhe ' hrlcl th,11 would J>r'<'V<'nt th from work1n, · Murphy s,ml. th ,rnswrr r. no, then I hclrcvn cg,, Y o •hi.:,rlPd to pro- II t " ' ' lhpy irn I mg employer "'f'h vrde fo, 1 heir r,unrJy.. Atl()rll( Y t lh at's Jll l not tnw "1th thC' pcoplr I'm secmg who arc succcc,J. I mg Ill JO) ," hi' •aid. In add1t1on "th r r<'ullty of child car<' 1 n't gomg t,o go awuy or get any e,1s1cr. Someday they're going to have to f,Jl"e I I. ' Judge's Poliry Under Murphy' po!l{y, ,n lltut eel about three year ago, any mother on a :J who com<'s through thp l<'amrly Court and mc<'t his Cl'ltC?na can be a target of the work o r rl<'r. Many ar<' lh re scckmg a divorce, othPr to obtain a restran mg Order ag,1111~t , n abu.·1vc hu _ band. Sorr c. like Sh<'lley AndPrson, arc th<•re u ¼ilncsscs trying to comp I former spouses to pay child support · If lh<' child III a given ca c has reached age 2 or ,. torlN-tram d. and rf there 1s nothing phy !Cally or cmot1onally wrong with the parent, Murph v ord rs the mother to make five "Job contarts," or interviews per week. (Until the legal cha! · lcngc I S<'tlll'd, the Judge has agreed to raise the uge to 3 ) Tht> Judge further c l.t•gal Aul Soc, rch rs h<111dhnno h • ' • 1 <'Ly ()f L'.tn I) ,.,, irgo, W " poorly kill mothers ¼all to San Diego CA (San Diego Co ) San Dreg_o Union / Cir . D. 217,089) Cir . S. 341 ,840) DAVI Shell Y And r on, with son Corey, 5, believes she ualifies for a I tance under the law, and will appeal a judge's order. NOV 2 8 1988 enter th Work forte, Lhe more rl1ff1c ult 1t w,11 IJp for them to land a Job "It' not" 1f soMethmg m,igrcal 1 going t,, h, ppcn when their <•hlfdr n turn G" h ,;aid "\\, illtrng s,mp,y del.iys th 1>rohlcm many of them ¼11l have m Pnt r1 ig the work force" Although Murphy s.i1rf hr has <·<"n man> h,1p y cndrngH a •worn en h..iv.- rcplac l their WC'lfore check "1th paych ck, h ha not kept trark of them 1111111 recently and is SOln<'wh,11 refu!'tant to dr • Cll s I ho C c·as 'Tm afraid I look like some sort or b;-nevolrnt dC?~pot up hPrc, <1nd r don t freJ like th.rt and don't want to appear lh,1t way," he said. "But therp .ire. uc-rcs oric ' Although man) women com- pl..irn d that Murphy s ord<'rs arc unfair, cvcral molhc•rs rntcr - vi WPrl durmg rc<"ent .1ftcrnoo11 at fo'am1Jy Court said he gave them thP nudge they ncPd ,r1 to g<'t off welfar and ser ously look fo,· \I.Ork. ~lk,. , . c. e Est. 1888 ence.) progr m. GA!N pro\1dc Job lrammg ,md edueat1on for w !fare recipients who need 1t wlien th 1 ,. children turn 6ancl they mu, 1 enter the work force Somt of those who have faikd to abicte by ~urphy's order have faced painful con. <'qucnce 'J he ea s Lobos to win New Mexico to leaper Ch~r!ie Thomas). We gam- bled, and 1f 1t had failed we'd have ~n off to the races. It worked, so it saiy gan_ie, and didn't panic when we fell behmd 13-0. That's great for a young team." USO: Continued from D-1 and 0-1 with USO at The Pit before last night. "We thought we had some goad young kids, but we didn't know what they would do. 'Our victory was probably a com- bination of what they didn't do shoot- ing and what we did. Corning into the game, I thought we had to slow down their break and had to play inside- out to keep them from getting second and third shots. "!)efensi~ely, we gambled, playing behmd their big men (7-foot Rob Loeffel, 7-2 Luc Longley and 6-7 ard and GyJan Dottin Jed the Toreros' stretch run, which was helpe~ considerably by poor outside shooting and turnovers by UNM Strickland, the only Torer~ to score in double figures, was only 3 • for-12 from the floor, but he used a m~e touch at the !me to score 14 points. Dottin and Bell, the tallest USO player at 6-9, scored nine each Thomas, who was voted tourna~· rnent_ MVP, led UNM with 17 points and five rebounds. In the consolation game, Lehigh beat Loyola of Baltimore, 86-72. ,.d paid off." Egan attributed New Mexico's early lead to his team's youth "Our guys had to get settled" he said. "After our young kids d~ov- ered that they couldn't escape th arena, they started to play." Bliss, who saw his team get only five offensive rebounds and turn over the ball 21 times, was highly critical of h1S team's performance. "Usually when a team isn't ready to play, it shows in offensive re- bounds and loose balls " Bliss said •·we got off to a great start, and the~ o~ly scored 43 points in the next 36 minutes. We just couldn't generate any offense." Strickland, Cottrell, Efrem Leon- USD forward Craig Cottrell calle the victory "a great team effort." . "If one guy was off, we wer picked up by others," Cottrell said We played great defense the who! •~.~-.,.•.~~:----==::;;;;;;;;;;;::;:::=::---------------L oa ,ta s::>1.1s1.1v.1s wv:1.1 a ii: IS 3.J. Ii:) •11 J:) J.,j Ill· Id San Diego, CA (San Diego Co) San Diego 8 ·. Journal 111 >I >A •JIii Id usiness (Cir. W. 7,500) Id >i 'A Is JIii 'II 10 J:) Id 111 rs San Diego, CA (San Diego Co.I Evening Tribune (Cir. D. 123,064) NOV 28 1988 '• "l'' c.A CCII F.st , . C. 8 1888 _s,_,.n_D_ie_:;o_,_M_o_n_d_ay_,_N_o_ve_m_b_e_r_28_,_1_98_8____ @ ___ THE ___ D_-_5 Young Toreros emerge from The Pit with victory over the Lobos 1'ribune Stall and Wire Report Cf 5' c:r: back a~ainst v~rtually the USO received a 4'h-minute stalid- same _New Mexico team that defeat- Aztecs travel to Texas to face Baylor ing ovation from New Mexico's ed Arizona last season. 16,889 fans at the start of last night's ''I'm ecstatic," said USD junior By Ed Zieralski game against the Lobos. That's how forward Craig Cottrell, who had they greet visiting teams at The Pit. eight points and four rebounds. "It They stand up and clap and clap and wa a great team effort. If one guy clap. And the fans keep clapping was off, another one picked us up. We until the oppo mg team scores played great defense the whole USO Ii ten d to the ovation for 4 game. We were down 13-0, but we minutes and 27 seconds, untJI didn't panic. That's a good sign for a Toreros nlor guard Danny Means young team." hit a thr inter. That made it 13·3. USD started freshman point guard More im r ntly it made the fans Wayman Strickland, sophomore cen- 1t down, tie mto their chairs and ter Keith Colvin and sophomore for. wait for th end of the game. That's ward Randy Thompson. Four of the when they WiUally give a standing five players who came off the bench ovation to ew Mexico. The Lobos for USD were underclassmen have won 80 percent of their contests £, esftman guaril Gylan Dottin, fresh- in The Pit over the past 22 years. man forward Kelvin Woods, sopho- But only 17 people w re clapping more guard Kelvin Means and sopho- when th1 game wa over - the more center Dondi Bell. Still, the Torero and th 1r coaches. Torero bench outscored the New USO stunned New Mexico 64-53 to Mexico bench 30-10. wm the third annual Lobo Classic. ''We're still a very young team and Somehow a Toreros team comprised we didn't expect this," said USO mostly of freshmen and ophornores coach Hank Egan. "This is just a put aside the crowd, put aside the great win. I still don't know what core, put aside everything, and they can do." Tribune Sportswriter San Diego State, coming off its season-opening 74-61 victory over Delaware Saturday night, left this morning for Waco, Texas, where they will play Baylor tomorrow. The game will be broadcast on KFMB-AM at 5:30 p.m. Baylor (0-2) lost both games in the Central Fidelity Classic at the Universi• ty of Richmond in Virginia. Richmond beat the Bears 56-38 on Friday night, and Arizona State beat the Bears 89-73 in the consolation game Saturday night. The Bears, however, did manage an easy 75-57 win over the same Australian team that beat the Aztecs 75-66 at Peterson Gym last week. The Bears' only starter back from a team that went 23-11 last year is guard Michael Hobbs (10.9 points and three rebounds per game last year). The Bears went to the NCAA Tournament for the first time since 1948. This will be the first regular-season game played in Baylor's new 10,084- seat Ferrell Center. What the Toreros did last night is keep their composure at a time when even veteran teams might have fold- ed. ior guard Efrem Leonard hit a three- pointer with 9:40 left in the half. Seven minutes later,-USD had a 23·21 lead when Strickland hit a three- pointer off a fastbreak. footer, but USO took it right back when Strickland turned a steal into a layup. A few seconds later, Strick- land hit a 19-footer and the Toreros had themselves a 27-26 halftime !Pad. Egan said the Toreros too( a chance on defense. "We took a risk and played behind their big people," said Egan, refer• ring to 7-foot Rob Loeffel and 7-2 Luc Longley. "The gamble paid off be- cause they missed their outside shots. We were fortunate they missed some shots in critical situations in the second half. New Mexico just didn't shoot the ball well." Inside, Loeffel and Longley com- bined for just nine points. Outside, the Lobos shot 39.6percent (21-for-53) from the field, including 23.5 percent (4-17) from three-point range. New Mexico was even cold at the free- throw line, where the Lobos shot 43.5 percent (7-16). • basketball team. We need to be a blue-collar team that goes out there with some true grit. We didn't have it tonight." The teams battled back and forth through most of the second ha]( and were tied 48-48 with 5:57 to play when New Mexico scored on a dunk by Charlie Thomas. However, USD scored nine straight points after that for a 57-48 lead with 4¼ minutes re- maining. The Lobos resorted to fouling USO players in the ,game's closing min- utes. They made the mistake of foul- ing Strickland, who made seven free throws in the final two minutes and led the Toreros with 14 points. Dottin and Bell each had nine points for the Toreros, who received eight points each from Cottrell, Leonard and Means. __ ~_TRIB __ UNE • Strickland, Cottrell and Bell, who had a game-high 12 rebounds, were selected to the all-tournament team for USD. Thomas, who had a game- high 17 points, was selected tourna- ment MVP after scoring 51 points in two games. / "I was disappointed most that we didn't take charge of the game down the stretch," said New Mexico coach Dave Bliss. "Right now, we're just a very nice USD scored 12 of the next 17 points after Means' ice-breaker. The Toreros trailed just 18·15 when sen- New Mexico regained the lead 24· 23 when Willi~ Banks hit an 18·
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