Articles pertaining to insurance litigation
In an era of heightened loan defaults, litigious borrowers, and the unfettered mobility of assets – where oh where is a lender to go? No doubt, lenders have experienced the “tail of the stingray” – an often lethal combination of events that result in their security being judicially untouchable and their default rate is skyrocketing. […]
I. Introduction Poet James Whitcomb Riley (1849–1916) may have coined the phrase when he wrote: “When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck.” Now, the Supreme Court has echoed that parable by the development of the “reasonable […]
Federal Register Odyssey Verified Claim of The Kingdom of Spain This case originated by ODYSSEY MARINE EXPLORATION, INC., arresting THE UNIDENTIFIED, SHIPWRECKED VESSEL, its apparel, tackle, appurtenances and cargo in rem – much like any other “finds’ case or “salvage” claim. The Kingdom of Spain filed a Verified Claim, based upon the Public Notice to […]
On January 26, 2012, the Court entered its finding(s) 1) That BP is required to indemnify Transocean for compensatory damages asserted by third parties against Transocean related to pollution that did not originate on or above the surface of the water, even if the claim is the result of Transocean’s strict liability (including OPA and […]
