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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.
Under this standard, there must exist some reasonably ascertainable cause for belief that the disputed claim is not covered. If the decision to disclaim coverage is not determined to be a “fairly debatable” one, then the insurer may find itself liable in a tort action for bad faith. Accompanying bad-faith liability is a litany of potential costs, from counsel fees to consequential damages.
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.