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When Is Credit Due? Reallocation for Settlements under 'All Sums'
In a multi-insurer coverage case, it is common for the insured to settle with one or more insurers before trial. When that happens in a case in which the court employs the “all sums” scope-of-coverage approach, can the non-settling insurers bring claims of their own against the settled carriers in an effort to reallocate some of their liability to their former co-defendants? If not, is there another mechanism to account for those settlements? This article addresses these issues.
As explained below, courts have generally refused to allow non-settling insurers to maintain claims against settled carriers. Instead, courts typically hold that, at most, the non-settling insurers may obtain a set-off or credit based on the prior settlements. When courts have allowed the non-settling insurers to seek a credit for the insured's prior settlements, they have usually employed the “pro tanto” approach, which caps any credit at the amount actually received by the insured in the prior settlements. The leading decisions further refine the analysis so that any credit is limited solely to the amount that the insured received for the specific claim that forms the basis of the judgment against the non-settling insurers.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.