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It goes without saying that most people find it difficult to understand fully the arcane world of insurance. It is always easier to let the “insurance brokers” or “in-house insurance gurus” negotiate the insurance provisions of a lease. However, a basic understanding of the most common insurance concepts is very helpful in negotiating a letter of intent or a lease. This article provides a simple “primer” on the ten most common insurance concepts encountered during lease negotiations.
1. First-Party Insurance
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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.
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.
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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.