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MT Court: Companies Must Show Prejudice to Avoid Coverage Based on Late Notice
Last month, we discussed the fact that in two recent decisions, the Montana Supreme Court held that an insurance company seeking to deny coverage on the grounds of a policyholder's untimely notice must establish that it was prejudiced by the timing of notice. Atlantic Cas. Ins. Co. v. Greytak, ___ P.3d ___, 2015 WL 3444507, at *2-*4 (Mont. May 29, 2015); Estate of Gleason v. Cent. United Life Ins. Co., __ P.3d __, 2014 WL 8863145, at *4-*7 (Mont. May 20, 2015).
In reaching these results, the court held that Montana's broad anti-forfeiture statutes support this notice-prejudice rule. The court's reliance on these statutes ' which are similar to statutes found in several other states ' may support policyholders in the future seeking to avoid forfeiture of insurance coverage not only for allegedly late notice, but also for alleged breaches of other policy conditions. We conclude this discussion herein with a look at the the possible influence of the Gleason ruling in other states, most particularly California and Georgia.
Other States
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?