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Actions by Insureds Against Brokers: 'Special Relationships'
Two years ago, the New York Court of Appeals issued its seminal decision in Voss v. The Netherlands Insurance Company, 22 N.Y.3d 728 (N.Y. 2014), which put some teeth into the concept of a “special relationship” between an insurance broker and an insured. (While it has at times been said that a “broker” represents an insured and an “agent” represents an insurer, this article uses the terms “broker” and “agent” interchangeably.) The Voss court held that a broker could be subject to liability for negligence or other tort claims where such liability would be unattainable in the typical broker-insured relationship.
Since the Voss decision, courts in New York have considered the “special relationship” concept enunciated in Voss a number of times. This article examines the state of the law on the “special relationship” between brokers and their clients following the two-year anniversary of Voss .
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.