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CASE BRIEFS
No Reimbursement For Counsel Fees When Insurer Reserves Right To Deny Coverage
In Trinity Universal Insurance Co. v. Stevens Forestry Service Inc., No. 02-30442 (5th Cir. 6/18/03), the U.S. Court of Appeals for the 5th Circuit, affirming the district court, recently held that an insurer is not obligated to reimburse its insured for attorneys' fees the insured incurred to hire separate counsel to represent it in a lawsuit where the insurer provided the insured with counsel but reserved the right to deny coverage and withdraw from the defense.
Stevens Forestry Service Inc. ('Stevens') hired a lawyer to assist it in handling a dispute with a customer. When Stevens received a formal demand for $1.1 million from the customer, Stevens tendered the claim to its liability insurer, Trinity Universal Insurance Co. ('Trinity'). Trinity advised Stevens that it agreed to provide Stevens with counsel and begin investigation of the matter, but that Trinity reserved the right to later deny coverage and withdraw from the defense. Trinity also expressly advised Stevens that because of the coverage dispute and the possibility that Trinity might withdraw from the defense, Stevens might wish to continue to retain an attorney at Stevens' expense to protect its interest in the litigation.
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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Cost of Making Partner
Making partner isn't cheap, and the cost is more than just the years of hard work and stress that associates put in as they reach for the brass ring.