Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
New York's Insurance Notice Statute and Contractual Choice of Law
Two recent decisions have held that despite an express choice-of-law clause selecting New York law to apply to an insurance policy, a policyholder is not entitled to the protection of New York's statute requiring an insurance company to show prejudice before coverage is forfeited on the grounds of late notice, unless the policy was also issued or delivered in New York. These decisions are contrary to the general rule that a contractual choice-of-law clause should be read as selecting the substantive law of a particular state, and not its conflict-of-law rules. The “issued or delivered” language of the notice-prejudice statute is a conflict-of-law provision, and so does not apply to limit the statute's scope when the parties already have selected the substantive law of New York to apply to their contract. Nevertheless, given the recent case law disregarding this rule, policyholders should review carefully the wording of any choice-of-law clauses in their insurance policies, particularly when selecting New York law.
Despite Express New York Choice-of-Law Clauses, Courts Have Declined to Apply NY's Notice-Prejudice Statute
The Article 8 Opt In
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."