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Misrepresentation: Insurance Company Efforts to Avoid Statutory Requirements
More than a century ago, many states began to protect policyholders from insurance company efforts to deny coverage on the grounds of alleged falsehoods in the application for insurance, when such alleged misstatements were not material to the insurance company's decision to sell the coverage. While insurance companies have attempted by various methods to avoid such protections, courts generally have rejected these efforts and upheld statutory limitations on an insurance company's right to void coverage.
Statements in an application for insurance can be considered either representations or warranties. See, e.g., Allstate Ins. Co. v. Boggs, 271 N.E.2d 855, 858 (Ohio 1971). If an allegedly incorrect statement is considered a representation, the insurance company must prove that it is material (or possibly that it was intentionally fraudulent) before it can succeed in a misrepresentation defense or rescission action based on the alleged misrepresentation. See, e.g., Lee R. Russ & Thomas F. Segalla, Couch on Insurance, '81:26 (3d ed. 2007). A statement is material if it affected the insurance company's decision to sell coverage or establish the premium. See, e.g., Mitchell v. United Nat'l Ins. Co., 25 Cal. Rptr. 3d 627, 638 (Ct. App. 2005). If, however, the statement is considered a warranty, the insurance company need only show that the statement was untrue. It need not show that the misstatement was material in order to succeed in defeating coverage. Couch '81:26.
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.
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.
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.
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.