Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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
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.
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.
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.
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?