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Insurance Misrepresentation Principles at Work
Insurers generally require a prospective insured to make representations concerning the criteria the insurer will use to evaluate and approve insurance policies. Insurers invariably rely on any such representations made as part of the application process. In fact, the policies usually expressly state that they will be issued 'in reliance upon the truth' of the representations contained in the applications.
Generally speaking, the law charts a clear path for dealing with false statements of fact made in obtaining insurance. Such misrepresentations, even innocently made, void coverage ab initio.
Unfortunately, many litigants confuse this rule with the legal test for 'fraud,' which has heightened scienter and proof requirements that do not apply to insurance misrepresentations. Policyholder advocates also suggest that the insurance misrepresentation rule is an 'unusual' or 'extraordinary' remedy. This is incorrect as well. There is a large body of law applying the rule to void insurance coverage. Some insurance adversaries go on to argue that if the true facts were 'knowable' by the insurer prior to underwriting, there can be no insurance misrepresentation. This is not the case either, since in most misrepresentation cases insurers have neither a duty nor a reason to investigate an applicant's representations until after a claim is made. Finally, parties to litigation often confuse the standard of proof. Insurance misrepresentations are governed by a preponderance of the evidence standard, not a 'clear and convincing' threshold.
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.
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?