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International Edition

DWF launches 'new ideas incubator' as part of business services reorganisation

Firm creates new standalone company to house innovative service offerings
3 minute read

New York Law Journal

Developments Regarding Micro-Captive Insurance Structures

In their Taxation column, Elliot Pisem and David E. Kahen write: 'Avrahami' was at least arguably an extreme case in several respects, but seems likely to encourage the IRS to pursue tax adjustments with respect to transaction structures involving micro-captives.
10 minute read

New York Law Journal

Representation and Warranty Insurance

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."
31 minute read

Daily Report Online

Wife Accused of Killing Husband Can Sue Insurer That Froze Life Insurance Proceeds

A federal district court in Georgia has refused to dismiss claims brought against a life insurer by a wife accused of killing her husband after the insurer froze the account into which it had previously deposited the proceeds of his life insurance policy.
14 minute read

Texas Lawyer

Insurance Company Files Fraud Suit Against 'Hire a Dick!' Lawyer in Houston

A Texas insurance company alleges Houston lawyer and a private insurance adjuster conspired to defraud it by filing claims on behalf of homeowners and then collecting insurance claim payments for their personal financial benefit.
8 minute read

New York Law Journal

Interpreting Dwelling Clauses in Homeowners' Policies

Kelsey Shannon and Martin Lynn write: What does it take to qualify one's home as one's "residence?" The case law unfortunately does not provide much certainty. There are a couple well-established principles. First, "[t]he standard for determining residence requires something more than temporary or physical presence and requires at least some degree of permanence and retention to remain." And second, a person can have more than one "residence" for purpose of insurance coverage. But that's about it.
17 minute read

New York Law Journal

'Burlington': Duty to Defend Additional Insureds Still Going Strong

John Sparling, Scott Shapiro and Giancarlo Stanton write: Focused and timely risk management practices can help alleviate the time and cost of problems post-Burlington. These practices may include (1) review and verify additional insured endorsements and certificates in advance of project work, (2) aggressive risk transfer practices in the face of inappropriate declinations, and (3) good contract review and business partner practices.
9 minute read

New York Law Journal

Transaction Liability Insurance: Where Corporate Deals, Insurance Claims-Handling Intersect

William G. Passannante and Carrie Maylor DiCanio provide some strategies to obtain the coverage purchased and facilitate efficient resolution of R&W insurance disputes.
7 minute read

New York Law Journal

When Computer Fraud Is Not 'Computer Fraud'

Jeremy M. King writes: Surprisingly, many courts have found that "Computer Fraud" coverage does not apply to a common form of Internet fraud—the email scam—and coverage will depend upon the state's law that applies to the policy. Policyholders need to know the scope of the coverage they have purchased in order to determine whether they are exposed to risks that fall within less-than-obvious gaps in that coverage.
18 minute read

New York Law Journal

The Unknown of 'Known Losses'

Mina Matin writes: The "known loss" principle, under New York Law, is the recognition of the universal public policy that insurance should only cover fortuitous losses. This article explores this principle as it relates to third party liability and excess liability policies, and discusses its practical implications.
9 minute read

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