The Duty to Cooperate Under a Liability Policy
Identifying and Quantifying Government Contract Claims
There have recently been a number of amendments to BVI company law. While many of these amendments are technical and will not have a material impact on clients, there are some key changes of which clients should be aware...more
What is the scope of the insured’s duty to cooperate under a liability policy, and when can a lack of cooperation result in a loss of coverage? Join partners Jeff Matty and Brady Yntema for the answers to these questions as...more
On November 24, 2022, Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 (Bill 41), which introduced changes to British Columbia’s Workers Compensation Act, received Royal Assent. Effective January 1, 2024, Bill...more
In rejecting an insurer’s attempt to block confirmation of its insured’s bankruptcy plan, the Fourth Circuit found that an insurer may not interject itself into plan negotiations by invoking the duty to cooperate, nor does...more
The goal of Practice Direction 57AD (PD57AD, previously known as the Disclosure Pilot Scheme) is to modernise the UK’s disclosure practice. This transformation is essential because the traditional, manual, and combative...more
The following BVI legislative supplements to the Mutual Legal Assistance (Tax Matters) Act (“MLA Act”) and the International Tax Authority Act (“ITA Act”) were gazetted on 13 June 2022: The Mutual Legal Assistance (Tax...more
Filing a claim against a government agency to recover time and/or money related to a contract can be a daunting process. Understanding the claims process and, if necessary, the appeals process is essential. Whether...more
In an all too familiar story, an insurance company's managing agent was tricked into transferring nearly $2 million into the fraudster's account at Wells Fargo Bank. The plaintiffs then sued the bank alleging that after...more
“An insured owes an obligation to cooperate with its insurer. Generally, this duty to cooperate flows from a specific provision in the insurance contract, usually referred to as the ‘cooperation clause.’” However, even if...more
Most non-insurance litigators run for the hills when the topic of “insurance coverage” arises. Others profess to know enough about insurance coverage just to make themselves dangerous. Considering the rising costs of...more
The Eleventh Circuit Court of Appeals reaffirmed that an insurer is entitled to summary judgment when its insured fails to abide with the policy’s cooperation clause, a condition precedent to filing suit. See Wu v. Safeco...more
Cooperation was a key factor in the resolution of an action involving a minority owner of a broker-dealer that is alleged to have facilitated a fraudulent scheme to conceal losses at a major Japanese company. In the Matter of...more
Granite State Ins. Co. v. Integrity Structures, LLC, No. C14-5085BHS, 2015 WL 136006 (W.D. Wash. Jan. 9, 2015). The U.S. District Court for the Western District of Washington held that an insurer did not act in bad faith...more
When asked what has been the most significant development in federal litigation during his time on the bench, United States Magistrate Judge John M. Facciola of the D.C. District responded, simply: “the impact upon the...more