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The Impact of Bad-Faith Arguments on Forum Battles
Policyholders and insurers alike regularly find themselves in protracted forum battles because, rightly or wrongly, the parties view choice of forum as having a major impact on the choice of state law to be applied to important coverage issues. Coverage law, of course, varies significantly among jurisdictions, and choice of law actually can be outcome determinative in certain cases. In contesting such forum battles, policyholders have a tool that may be underutilized ' the argument that insurers engage in bad faith when they file pre-emptive declaratory judgment actions to attempt to seize control of forum selection.
At first, this may seem counterintuitive, because insurers often file declaratory judgment actions to avoid exposure to bad faith, particularly after they have agreed to defend their policyholders under reservations of rights. There are, however, circumstances in which an insurer's filing of a declaratory judgment action can give rise to a bad-faith claim that a policyholder may use to its advantage in a forum battle. This article analyzes instances when an insurer's institution of a declaratory judgment action demonstrates bad faith such that it weighs against the insurer's choice of forum.
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.
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
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.