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Duties in Event of Occurrence: Many Insurance Policies Do Not Purport to Make Notice a Condition Precedent
Insurance policies typically contain provisions requiring prompt notice to the insurance company of an event that could lead to coverage under the policy. There is a well-known split among U.S. jurisdictions as to whether an insurance company can succeed in barring coverage based on untimely notice if it has not suffered prejudice from the timing of notice. The majority and modern trend is for jurisdictions to hold that an insurance company cannot succeed on a late notice defense absent actual prejudice. See, e.g., 1 Barry R. Ostrager & Thomas R. Newman, Handbook on Insurance Coverage Disputes '4.02[c][2] (12th ed. 2004) (“Ostrager & Newman”). A minority of jurisdictions holds that notice can be treated as a “condition precedent”; that is, coverage can be barred based on late notice even in absence of any harm to the insurance company. Id. '4.02[c][1].
What is often overlooked in discussions of notice law, however, is that even when a jurisdiction permits notice to be treated as a condition precedent, this does not necessarily mean that a notice provision automatically becomes a condition precedent. General principles of contract law disfavor the interpretation of provisions as conditions precedent, and a party seeking to create one must do so clearly. The language of many standard-form policies commonly sold to policyholders does not clearly make notice a condition precedent.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.