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Expansion of Insurer Claw-Back Initiatives
A question routinely asked about liability insurance claims seems clear and straightforward on its face: “Is the claim covered?” Because “coverage,” however, typically invokes two concepts, rather than one, such a question often is superficial and misleading. Liability insurance policies, particularly at the primary and umbrella levels, usually provide both defense and indemnity coverage. Each coverage is quite valuable to policyholders, and the defense coverage can be the much more valuable of the two, particularly when underlying cases are complex and, accordingly, expensive to defend, but present little or no prospect of policyholder liability.
Of these two types of coverage, defense coverage also is widely understood to be the broader. In other words, a policy may provide defense coverage but, ultimately, no indemnity coverage. Such variances arise from the nature of “notice” pleading and the unpredictability of underlying litigation. Under “notice” pleading utilized in federal courts and most state courts, it often is difficult and sometimes impossible to discern with precision at the outset of litigation the full nature of all underlying claims against the policyholder. Even when such claims can be discerned with precision, it often is impossible to know at the outset which of the claims, if any, will be successful against the policyholder. When these factors all play out, it is common for insurers to have to pay defense costs but not indemnity costs. Hence, it is said that defense coverage is broader than indemnity coverage.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.