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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.
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.
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.
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.
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.