Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Texas Takes the Lead on Notice Disputes Under Claims-Made Liability Policies
A common requirement in both occurrence and claims-made liability insurance policies is that policyholders provide “timely notice” of an accident, occurrence, claim or lawsuit ' often “as soon as practicable.” Although specific notice provisions vary among different liability policies, the purported purpose of these notice requirements is to enable insurance companies to investigate and respond to claims. See Ostrager & Newman, Handbook on Insurance Coverage Disputes, Vol. 1, ' 4.01[a] at 135 (14th ed. 2008).
In some jurisdictions, insurance companies used to be able to successfully deny coverage based on a policyholder's failure to comply strictly with notice provisions, even if the carrier could not demonstrate any prejudice by virtue of the delay. See, e.g., Argo Corp. v. Greater N.Y. Mut. Ins. Co., 827 N.E.2d 762, 765 (N.Y. 2005); Great Canal Realty Corp. v. Seneca Insurance Co., Inc., 833 N.E.2d 1196 (N.Y. 2005); Unigard Sec. Ins. Co. v. N. River Ins. Co., 594 N.E.2d 571, 573 (N.Y. 1992); Sec. Mut. Ins. Co. v. Acker-Fitzsimmons Corp., 293 N.E.2d 76 (N.Y. 1972); Travelers Indem. Co. of Illinois v. United Food and Commercial Workers Int'l Union, 770 A.2d 978, 991 (D.C. 2001); Viani v. Aetna Ins. Co., 501 P.2d 706 (Idaho 1972), overruled in part on other grounds, Sloviaczek v. Estate of Puckett, 565 P.2d 564 (Idaho 1977); Country Mutual Ins. Co. v. Livorsi Marine, Inc., 856 N.E.2d 338, 346 (Ill. 2006); State Farm Mut. Auto Ins. Co. v. Cassinelli, 216 P.2d 606 (Nev. 1950). Over the years, however, courts in many jurisdictions followed the trend of relaxing those rules requiring strict compliance with notice provisions and instead applied a “prejudice” standard, particularly in disputes involving occurrence-based liability policies.
The DOJ's Corporate Enforcement Policy: One Year Later
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
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.
A Lawyer's System for Active Reading
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.