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Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination. We discuss herein how insurers and insureds should approach information sharing under various scenarios.
The tender of an insurance claim often triggers an immediate, long-lasting tug of war between an insurer and an insurance policyholder (“insured”). At issue is access to information. In response to the tender, the insurer will often request extensive amounts of information and documentation. The insured, however, will face conflicting incentives. On the one hand, if the insurer ultimately agrees that coverage exists, then their interests should align, and information sharing will promote strategic decision-making. If, on the other hand, the insurer later denies coverage, then it could use the information it receives from the insured to defeat coverage in a subsequent declaratory relief action. Moreover, an insured may have legitimate concerns about sharing privileged or confidential information with the insurer, lest the insured later be deemed to have waived protections against disclosure of that information to third parties. Courts have addressed information-sharing disputes between insureds and insurers in a variety of postures. This article discusses these disputes at a high level to glean lessons for both insurers and policyholders.
The Cooperation Clause
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.