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'Prejudice'
It is fairly well established in many courts across the United States that “late notice” of a claim under an occurrence-based commercial general liability (“CGL”) policy presents a problem for insureds only when it “actually” and “substantially prejudices” an insurer. Many courts also have held that insurers that seek to rely on a late notice defense may do so only if they themselves can prove the “actual” and “substantial prejudice” they suffered. In light of that standard, insurers appear to face high hurdles if they rely on notice issues to avoid coverage. At the very least, it seems that the question of prejudice is highly factual and thus should be preserved for a jury to decide.
Insurers, however, often seek to avoid jury consideration of the issue. Instead, these insurers file motions for summary judgment on the issues of late notice and substantial prejudice. In their motions, the insurers argue that not only was an insured's notice untimely, but also that the court can rule, as a matter of law, without any consideration of the facts, that the prejudice was “actual” and “substantial.” Courts should not take the bait. The late notice defense is riddled with factual issues: 1) Was the notice in fact “late”? 2) Did the insurer suffer prejudice? 3) Was that prejudice “actual” and “substantial”? Thus, by its nature, the late notice issue in the vast majority of cases should go to the jury. Courts should reject insurer efforts to have the issue decided as a matter of law on summary judgment.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.