Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
New York's No Prejudice Rule
New York law has traditionally been more faithful than that of many jurisdictions to the principle that an insurance contract, like any other, is “to be construed according to the sense and meaning” of its terms and, if those terms are clear and unambiguous, they are to be “taken and understood in their plain, ordinary, and proper sense.” Preston v. Aetna Insurance Co., 193 N.Y. 142 (1908).
As the New York Court of Appeals once more colorfully put it, “Unless we are prepared to adopt the theory of the cynic that language was invented for the purpose of concealing thought, we have no right to disregard the clear provisions which defendant inserted in the policy and which plaintiff accepted.” Johnson v. Travelers Insurance Co., 269 N.Y. 401 (1936). This respect for the written word in the contract of insurance has resulted in New York's rule that an insured which breaches a policy condition is barred from recovery in the same manner as any other contracting party which breaches
a condition of a contract, without any attendant requirement that the insurer demonstrate prejudice as a result of the breach. As succinctly stated by Justice Cardozo, “When the condition was broken, the policy was at an end[.]” Coleman v. New Amsterdam Casualty Co., 247 N.Y. 271, 277 (1928).
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.