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NY: Insured's Entitlement to Declaratory Action Attorneys' Fees Is Limited to Two Instances
In Liberty Surplus Ins. Corp. (“Liberty”) v. Segal Co. (“Segal”), Nos. 04-5562-cv & 04-6005-cv, 2005 U.S. App. LEXIS 16601, 2005 WL 1869146 (2d Cir. Aug. 9, 2005), in a per curiam opinion, the Second Circuit reaffirmed its view that New York allows awarding a successful insured its declaratory action attorneys' fees in two instances: 1) where the “policyholder has been cast in a defensive position by its insurer in a dispute over the insurer's duty to defend,” or 2) where the insurer is guilty of bad faith.
As reflected in a summary order that accompanied the per curiam opinion, the case began when Liberty sued for a declaratory judgment that it owed no duty to indemnify Segal under a second layer excess liability insurance policy for a suit filed by Suffolk County. 2005 U.S. App. LEXIS 16748, 2005 WL 1874725 (2d Cir. Aug. 9, 2005). Segal counterclaimed for a declaratory judgment, breach of contract, fraud and attorneys' fees. The district court ruled that Liberty's policy covered the Suffolk action, but Liberty was not in breach because the policies beneath it had not been exhausted so as to trigger Liberty's obligations. The district court also dismissed Segal's fraud claim and refused to award it declaratory action fees. The Second Circuit affirmed the coverage judgment in its summary order that will remain unpublished. It treated Segal's attorneys' fee claim in the per curiam opinion.
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.
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.
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.