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NJ Supreme Court Decision Defines the Parameters of Acceptable Precedent in Bad-Faith Claims
For insurance attorneys and carriers alike, the decision to disclaim coverage is an invitation to enter delicate and uncertain legal territory, situated firmly between a rock and a hard place. On one side of the scale lies the potential contractual obligation to defend or indemnify the insured. On the other is the prudency of avoiding coverage obligations that were never bargained for. The crux of this dilemma arises from the insurer's heightened duty of good faith.
Implicitly written into every insurance contact by operation of law is the obligation to investigate claims with the utmost honestly and sincerity. This obligation runs deep, as reflected by the fact that unlike a typical contract, a showing that an insurer breached its contractual duty of good faith does not always necessarily require a showing of any malice or ill will. Rather, simple proof that the insurer violated its fiduciary obligations to its insured may often be sufficient to make a bad-faith claim. In that regard, nearly every jurisdiction has affixed a “fairly debatable” standard of proof to insurance bad-faith claims.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.