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Coverage Litigation Should Be Stayed to Avoid Prejudice to the Insured
More and more often insureds are being forced to litigate with their insurers to protect rights under insurance policies, while at the same time those insureds must actively defend against the very litigation for which they seek insurance coverage. Indeed, insurers often will pursue litigation against their insureds to establish the absence of any coverage obligation if there appears to be a question regarding the existence of a defense or indemnity obligation with respect to underlying litigation. Alternatively, due to potentially applicable statutes of limitation, or a need to seek judicial intervention to force an insurer to assist in an underlying defense for which the insurer has refused coverage, an insured may be required to file coverage litigation before underlying litigation is concluded.
In either circumstance, the insured can be prejudiced by being forced to litigate on 'two fronts,' expending resources in coverage litigation that should be reserved to adequately defend against the underlying litigation. Additionally, to the extent that insurers seek to rely upon issues being litigated in an underlying action as the basis to avoid coverage, there is a clear risk that the insured will be required to litigate the same issues in two different courts before two different judges. This is inefficient and can lead to inconsistent results to the detriment of the insured. Underlying defense counsel also could be required to become involved in the coverage action, in an effort to ensure that issues at the heart of the underlying action are adequately resolved in the coverage litigation. This, of course, further depletes resources that should be focused solely upon defeating the claims in the underlying action. Indeed, allowing an insurer to attack its insured in coverage litigation on the same grounds asserted by underlying plaintiffs in underlying litigation, instead of assisting its insured in its defense against those very claims, is counterintuitive to the concept of insurance.
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.
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.
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.
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.
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.