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Tools for Challenging Settlements
A policyholder, claiming that its insurer is engaging in improper foot dragging while the policyholder faces huge liability exposure, enters into a settlement. It does so without the insurer's consent. Then the policyholder de-mands that the insurer fund the settlement. The insurer objects. In the litigation that is sure to follow, the insurer need not be on the defensive ' even if it breached its contractual obligations. Instead, several legal tools are available to an insurer to effectively challenge coverage for the settlement.
First, if an insurer is not in breach of its contractual obligations and does not consent to the settlement, there is significant, explicit authority that the settlement cannot be enforced against the insurer if the insurer's objections to the settlement are reasonable. In fact, research has not uncovered a case in which a court declined to recognize the principle that a non-breaching insurer may withhold consent as long as it has a reasonable basis to do so. Second, even if an insurer is in breach, numerous courts hold that the settlement cannot be enforced if it is unreasonable or not the product of good faith. The leading cases for both doctrines are found in New Jersey.
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.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?