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Under-Utilization of the Cooperation Clause and Related Policy Conditions
Recently, a number of insurance industry clients have been bringing to my attention with increasing frequency questions regarding an insured's duty to cooperate. The questions have been much more frequent with respect to first-party coverage. Thus, I thought this would be an opportune time to address these issues.
There are numerous “standard” conditions in various types of liability and first-party insurance policies. One common condition is the “cooperation clause.” First-party policies often have several clauses that require the insured to cooperate during the investigation and processing of claims. Typical conditions in a first-party policy, in addition to the cooperation clause, would include the condition mandating that an insured provide a proof of loss, as well as the condition mandating that an insured provide necessary documents to process a claim, and then submit to an examination under oath.
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.
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.
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.