Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Does It Really Matter Who Pays?
After a liability insurance company denies coverage for a lawsuit filed against its policyholder, the policyholder is left to manage the defense and settlement of the lawsuit. Sometimes, the policyholder is forced to, or elects to, have another person or entity pay for the defense fees, settlement, or judgment. This leads to the inevitable question of whether the policyholder can recover from its liability insurer sums paid for defense fees, settlement, or judgment if, after the insurance company has wrongfully denied coverage, the policyholder's defense bills, settlement, or a judgment are paid for by a non-insured person or entity. While it should not matter who pays once a liability insurer has breached its contract, some courts have denied policyholders recoveries when a non-insured third-party steps in for the breaching liability insurer and pays the policyholder's defense fees, a settlement, or the judgment.
As the name suggests, liability insurance policies are designed to protect policyholders from liability. For example, many liability policies require the insurer to pay all sums that the policyholder is 'legally obligated to pay as damages.' Liability insurance policies also typically require insurers to defend actions potentially within the coverage of the policy. 'The major substantive distinction between a liability policy and an indemnity contract is that payment of a claim by the insured is a condition precedent to the insured's right to recover under the indemnity contract, but not under the liability contract.' Couch on Insurance 2d '103:3 at 103:14 (2005) (footnoted omitted).
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.