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Articles by Stephen Foresta
Recent Opinion Highlights Role Of Implied Covenant Of Good Faith And Fair Dealing Under Delaware Law
The implied covenant of good faith and fair dealing is a notoriously misunderstood doctrine. It can be invoked much less often than most people think, and its application is highly state-specific. A recent ruling from the Delaware Court of Chancery offers a good example of when the implied covenant is actionable under Delaware law. First, some basics. The implied covenant of good faith and fair dealing is inherent in all contracts under Delaware law, but it seldom applies in practice.
Recent Opinion Highlights Role of Implied Covenant of Good Faith and Fair Dealing Under Delaware Law | JD Supra
The implied covenant of good faith and fair dealing is a notoriously misunderstood doctrine. It can be invoked much less often than most people think, and its application is highly state-specific. A recent ruling from the Delaware Court of Chancery offers a good example of when the implied covenant is actionable under Delaware law. First, some basics. The implied covenant of good faith and fair dealing is inherent in all contracts under Delaware law, but it seldom applies in practice.
Recent Opinion Highlights Role of Implied Covenant of Good Faith and Fair Dealing Under Delaware Law
The implied covenant of good faith and fair dealing is a notoriously misunderstood doctrine. It can be invoked much less often than most people think, and its application is highly state-specific. A recent ruling from the Delaware Court of Chancery offers a good example of when the implied covenant is actionable under Delaware law. First, some basics. The implied covenant of good faith and fair dealing is inherent in all contracts under Delaware law, but it seldom applies in practice.
Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim” | JD Supra
Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need to closely analyze what constitutes a “Claim” under their policies in order to comply with the timely notice requirement.
Another Judicial Reminder for Policyholders to Carefully Review Policy Language and Provide Timely Notice of a “Claim”
Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need to closely analyze what constitutes a “Claim” under their policies in order to comply with the timely notice requirement.
Another judicial reminder for policyholders to carefully review policy language and provide timely notice of a “claim”
Insurance policies invariably require insureds to submit timely written notice of a “Claim” made by third parties to obtain coverage from the insurer. A recent decision from the United States District Court for the Southern District of New York is yet another reminder that insureds need to closely analyze what constitutes a “Claim” under their policies in order to comply with the timely notice requirement.
High Court’s Upcoming Decision May Have Major Impact on Foreign Arbitrations | JD Supra
On March 22, 2021, the U.S. Supreme Court granted a petition for writ of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, a decision that will likely resolve a circuit split over the power of an arbitrator to issue third-party discovery subpoenas to obtain document discovery in foreign arbitrations.
Arbitration vs. Litigation: More Than Just a Preference for RWI Policyholders | JD Supra
On Jan. 15, 2021, a New York state court judge issued an opinion denying an insurer’s motion to dismiss a claim for coverage under a representations and warranties insurance (RWI) policy in WPP Group USA, Inc. v. RB/TDM Investors, LLC et al. More specifically, the court rejected the insurer’s argument that the claim was subject to certain exclusions under the policy and ordered the parties to proceed with discovery.
Insurance Relief for Riot-Impacted Businesses | JD Supra
Well-reported incidents of rioting nationwide have resulted in extensive damage to business premises, inventory and other property. In addition, government-instituted curfews or shutdown orders have interrupted businesses, causing commercial enterprises to lose income. Many managers assume their insurance policies exclude riot-caused damage. Typically, this is not the case.
Policyholders Must Give Timely Notice to Preserve COVID-19 Business Interruption Claims | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Business Interruption and Contingent Business Interruption Coverage for COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Managing Coronavirus Risk Through Insurance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
2nd Circ. Raises Bar For US Jurisdiction Over Foreign Banks | JD Supra
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The New Wave of Life Settlement Litigation: Attacks on Cost of Insurance Rate Increases
Starting in 2015 and continuing into 2016, a number of insurance carriers raised the cost of insurance ("COI") rates on universal life insurance policies, resulting in dramatic increases to the premiums required to keep the policies in force.
Hurricane Harvey Recovery Tips for Maximizing Coverage
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