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Insurer That Complies with Policy Obligations Still Liable for Bad Faith
In Archdale v. American Inter- national Specialty Lines Insurance Co. (Cal. Ct. App. Aug. 22, 2007), American International Specialty ('AIS') paid for the insured's defense in underlying litigation, but ignored multiple settlement offers within policy limits. The underlying trial resulted in a judgment in excess of policy limits. Subsequently, AIS paid its policy limit toward a post-judgment settlement. Regardless, the insured sued for both contractual and tortious bad faith and sought to recover the amount of the excess judgment. AIS moved for summary judgment, claiming that the tort claim was barred by a two-year statute of limitations, and that it was not liable for breach of contract because it defended the insured in the underlying action and paid out its policy limit in settlement. The court agreed regarding the tort claim, but disagreed regarding the contractual bad faith claim.
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?
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 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.
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 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.