In certain situations, an insurance company owes its policyholders fiduciary duties. Specifically, when an insured calls upon its carrier to defend it in a lawsuit, the carrier generally will owe fiduciary duties to the insured. But in other scenarios, policyholders face an uphill battle in proving that they have the requisite “special relationship” with their…
All posts tagged Matt Marcucci
Mohinani v. Charney:
Revisiting Derivative Claims and Damages in Real-Estate Investment Disputes
It is somewhat rare for a business dispute to be litigated all the way through trial. Protracted litigation is costly, time-consuming, and unpredictable. When that does happen, however, the results can be illuminating—especially when the trial court’s decision is upheld on appeal. That is what happened in the recent decision of the Appellate Division, First Department,…