Publication
Horizon Scanning: Investigations and Enforcement
In this horizon scan, we focus on key developments affecting companies operating in the UK, including in light of the recent change in UK government.
To determine whether an insurer has a duty to defend, Texas applies the eight-corners rule. Under the eight-corners rule, only the insurance policy and the pleadings are relevant—indeed, “the
allegations . . . should be considered . . . without reference to the[ir] truth or falsity . . . and without reference to what the parties know or believe the true facts to be, or without reference to a legal determination thereof.” Thus, if a petition alleges a potentially-covered cause of action, an insurer must provide a defense, even if the allegations in the petition can be shown to be “groundless, false, or fraudulent.”
On May 1, 2020, however, the Supreme Court of Texas recognized the first-ever exception to the eight-corners rule. Under the exception, courts may now pierce the pleadings and consider extrinsic evidence to determine whether the insured has colluded to obtain insurance coverage for an otherwise uncovered claim.
Publication
In this horizon scan, we focus on key developments affecting companies operating in the UK, including in light of the recent change in UK government.
Publication
As you begin planning for the upcoming financial year, it is likely that legal operations projects are on your radar. However, securing the necessary budget can be challenging. Our roundtable on October 1, ‘Preparing for FY2025 - Building a compelling business case’, will help you create compelling business cases for your legal initiatives.
Publication
This briefing is an updated version of our briefing first published in December 2017 and sets out some practical pointers for employers who wish to make changes to a pension scheme which may fall within the statutory definition of a “listed change”.
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