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California Supreme Court Enforces Arbitration Clause: No Conflict with 'Service of Suit' Provision
In Boghos v. Certain Underwriters at Lloyd's of London, 30 Cal. Rptr. 3d 787, 115 P.3d 68 (July 18, 2005), the California Supreme Court held that a disability insurance policy's arbitration and service of suit clauses did not conflict and that the arbitration clause was therefore enforceable. The court in Boghos also concluded that the policy's stipulation that the insured share arbitration costs with the insurer did not render the arbitration clause unenforceable. The Supreme Court reversed the judgment of the Court of Appeal and remanded the case to the trial court.
In September 1998, Antone Boghos, the owner of a plumbing business, applied for disability insurance underwritten by certain Lloyd's of London underwriters (“Lloyd's”). The application contained an arbitration provision. The subsequent policy's arbitration clause provided in part:
BINDING ARBITRATION: Not withstanding [sic] any other item set forth [sic] herein, the parties hereby agree that any dispute which arises shall be settled in Binding Arbitration. By agreeing to Binding Arbitration, all parties acknowledge and agree that they waive their right to a trial by jury. …
The policy also set forth that the venue of arbitration would be Los Angeles County unless the parties agreed otherwise. According to the policy, arbitration costs would be equally split among the parties.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.