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Is an Insurer Obligated to Defend the Prosecution of Affirmative Claims on Behalf of Its Insured?
The typical commercial general liability (“CGL”) policy requires insurers “to defend any suit against the insured seeking damages on account of ' bodily injury or property damage to which this insurance applies.” This plain, unambiguous language restricts the insurer's duty to defend suits for damages “against” the insured. Courts undertaking a thorough review of the policy language consistently rule that an insurer has no duty to defend an insured's affirmative claims (e.g., counterclaims, cross-claims, or third-party demands). Nevertheless, over the past two decades, some courts have abdicated their judicial obligation to enforce this plain, unambiguous policy language.
Instead, some jurisdictions apply a manufactured legal analysis of whether the insured's affirmative claims are “intertwined with” and “necessary to” the insured's defense. If they are, then the courts hold the insurer responsible for the costs associated with the affirmative claims. This test is unsupported by any policy language. Also, as discussed below, this test produces wildly varying results, leaving both the policyholder and insurer in an unpredictable forum. Parties to a contract are better served if the courts base their rulings on the unambiguous policy language, thereby eliminating unexpected results for both parties.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."