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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 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.
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.
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.
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.