Legal Articles, Banking & Finance

Bifurcation of First-Party Auto Claims in New Mexico

A motion to bifurcate is often the first line of defense in a litigated first-party insurance claim. The Defendant carrier contends bifurcation streamlines discovery and disposes of “extra-contractual” issues without having to use the court’s time and resources. In truth, however, by moving to bifurcate, the first-party insurance is trying to accomplish two major goals: 1) prevent discovery of harmful and/or “proprietary” business and/or claims file information that the insurance company knows will support an insured’s bad faith and extra-contractual claims; and 2) delay addressing the extra contractual claims by creating another hurdle for the insured to clear, i.e. a discovery and trial on the damages before allowing a discovery or trial on the merits of the extra-contractual first-party claims. The individual facts and circumstances of the case that warrant non-bifurcation should be emphasized with the court. Plaintiff should emphasize facts which could permit recovery on extracontractual claims regardless of whether or Plaintiff can prevail on the contractual claim. Plaintiff should emphasize arguments that the extra-contractual issues will have to be resolved regardless of the number of trials or the order of discovery, so in the interest of judicial efficiency, bifurcation would not be appropriate.

“CERTIFYING” DOCUMENTS VIA THIRD-PARTY SOFTWARE: BINDING ON THE COURT?

“CERTIFYING” DOCUMENTS VIA THIRD-PARTY SOFTWARE: BINDING ON THE COURT? Published in The Florida Bar Journal – September/October, 2013 Vol 87, No. 8.

Insurance Coverage For Business Interruption Due to Coronavirus

Do you have coverage for lost business under your general liability policy's business interruption provisions?

When It Comes to Contracts, Is Coronavirus a 'Force Majeure'?

Dealing with the current situation is hard enough on ourselves and our loved ones. But what if you entered into a contract, or are a landlord or tenant facing difficult uncertain times? Can you get out of the contract? Can your tenant? Can a seller or buyer? The question is, when It Comes to Contracts, is Coronavirus a 'Force Majeure'?

Director and Officer Liability Requires Intentional or Knowing Violations

The Nevada Supreme Court has just made director and officer liability harder to reach.

Tendering Money When Futile

A tender must be immediately available money but does not have to be made if futile.

Trial Aikido and Bringing Balance to the Courtroom

Bringing Balance to the Courtroom

Basic SEC Rules for Startup Companies

Starting a Company? Don't solicit investments until you consult an attorney regarding the Securities and Exchange Commission (SEC) and State Registration Rules regarding soliciting and receiving investments.

When a Contract Isn't a Contract

For a contract to be enforceable, it generally needs to be clear and specific.

Avoiding a Messy Business Divorce

Careful planning can help you avoid a messy breakup with your business partners.

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