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Illegal Alien Status: Eligibility Requirements and Non-Coverage for Fraud Provisions Still Apply
A significant body of case law holds that illegal aliens are not precluded, by virtue of their illegal status, from recovering insurance benefits. While that may be the law, and we do not mean to suggest otherwise, one's illegal status may not confer upon an insured or claimant greater rights than those enjoyed by someone who is in the United States legally. A legal insured may not make material misrepresentations in an application for insurance. A legal insured may also be required to satisfy certain eligibility requirements as a prerequisite to coverage. It could not have been anyone's intention that illegal alien status would be used as a free pass, effectively negating eligibility requirements and the insurers' right to void policies where an applicant misrepresents or conceals a material fact.
The Entitlements of Illegal Aliens
It is well settled that illegal aliens have the right of access to the courts and are eligible to sue to enforce contracts and redress civil wrongs. See, e.g., Arteaga v. Literski, 83 Wis. 2d 128, 265 N.W. 2d 148, 149 (1978); Torres v. Sierra, 89 N.M 441, 553 P.2d 721, 724 (Ct. App. 1976); Commercial Standard Fire and Marine Co. v. Galindo, 484 S.W. 2d 635, 637 (Tex. App. 1972); Martinez v. Fox Valley Bus Lines, 17 F. Supp. 576, 577 (N.D. Ill. 1936). The theory behind these holdings is the use of the word 'person,' as opposed to 'citizen,' in the Fifth and Fourteenth Amendments to the U.S. Constitution to describe the intended beneficiaries of the rights enumerated therein. Montoya v. Gateway Ins. Co., 168 N.J. Super 100, 103-04 (App Div. 1979). It is generally understood that allowing access to the courts will not subvert the public policy of discouraging illegal immigration because illegal aliens do not enter this country for the purpose of litigating. Id. at 104.
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.
Legal Possession: What Does It Mean?
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.
The Anti-Assignment Override Provisions
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?