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Conflicts of Interest Between an Insurer and Its Insured
In the same letter advising the company of the 'approved' law firm that will be representing it in the litigation, the insurer also reserves its right to deny coverage for the claim. Specifically, the insurer states that depending upon how certain facts are developed in the case, there may be no coverage for the asserted claims. The development of these critical facts will be the responsibility of defense counsel, who, as previously discussed, has had a long relationship with the insurer. The insurer obviously will save money if the facts developed support a finding of no coverage. Thus, the insured is concerned that defense counsel might attempt to develop facts that would place the claim outside the scope of coverage under the subject policy in order to maintain its business relationship with the insurer. In the policyholder's view, this situation results in a conflict of interest between the insured and the insurer, which could impact defense counsel's ability to adequately represent the company.
This article examines potential conflicts of interest between an insurer and
its insured in the above scenario and the extent of an insured's right to its
own independent counsel in such circumstances. This article also discusses other situations that may raise conflicts of interest between an insurer and an insured sufficient to trigger a right to independent counsel. Finally, it considers whether the insurer or the insured has the right to select that counsel.
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.
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.
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.