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Part 1 in an in-depth series
Insurance carriers are routinely presented with claims for insurance benefits that contain elements of fraud. As a practical matter, fraudulent claims may be classified in three categories: fraud at the inception of the policy; fraudulent enhancement of an otherwise valid claim; and the staged loss. The elements of these types of claims often overlap, and the successful defense of a fraudulent claim for insurance benefits is based on a thorough understanding of the insurance policy and a complete analysis of the claim. Due to the scope of the subject matter, this topic will be addressed in a monthly series of articles. Each will focus on a different part of the investigation process. This first article begins with an overview of the investigative process.
Introduction
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 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.
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.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?