Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Case Briefs

By ALM Staff | Law Journal Newsletters |

GA Supreme Court Addresses Estoppel to Avoid Coverage

In World Harvest Church v. GuideOne Mutual Insurance Company, Case No. S10Q0341 (Ga. May 3, 2010), the Georgia Supreme Court held that although an insurer's reservation of rights is not required to be in writing, the reservation must be unambiguous, fairly inform the insured that it disclaims liability and does not waive the defenses available against the insured, and provide the specific basis for the insurer's reservations about coverage. Slip op. at 6-8. The court also held that when an insurer has not effectively reserved its rights, it is estopped from asserting the defense of noncoverage, regardless of whether the insured can show prejudice, especially when the insurer has provided the insured with legal defense until near completion of discovery. Id. at 13-14.

Read These Next
The Article 8 Opt In Image

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 Image

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 Image

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 Image

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 Image

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.