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A Return to the Basics - Reading, understanding and interpreting an insurance policy can get pretty complicated. Coverage, exclusions, definitions, notice requirements, time limits – every provision of a policy can be...more
I was in trial last month. I couldn’t have asked for a better judge. Smart, fair . . . and witty. During the pretrial conference, opposing counsel and I were arguing over whether there was a difference between...more
Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more
To the dismay of most New York business owners who suffered property damage from Superstorm Sandy, insurers are taking the position that only flood losses occurred and businesses that did not pay an additional premium for...more
On Monday of this week, the Massachusetts’s Division of Insurance issued a bulletin mandating prompt investigation of business interruption, property damage and medical insurance claims by policyholders victimized by the...more
In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more
On January 16, the New Jersey Department of Environmental Protection (NJDEP) published its new guidance on vapor intrusion, including significant changes to the groundwater vapor intrusion screening levels....more
Late one night this past summer, a promising college-bound 22 year-old man named Hansell Arias was stabbed to death in a McDonald’s parking lot. At the time the incident was reported, there were no suspects....more
One of the most common items attorneys will put into a brief or a case presentation is an overhead map of the relevant area. Since the dawn of Google, attorneys have grown accustomed to copying and pasting the image of a...more
You own an business. During the holiday season a customer comes in your store and is physically assaulted and robbed by a third party. Are you, as the landowner, responsible? The answer: It depends on whether the criminal...more
Business owners routinely grant access to company facilities and property to third-parties for many reasons, from cleaning and organizing a warehouse to inspecting and repairing machinery. In the course of these business...more
In this issue: Abolition of Distress... 1 Events and Announcements... 2 New Lawyers... 3 Cases... 6 Transaction Focus... 7 Excerpt from Abolition of Distress: The Ministry of Justice recently ended...more
In its recent decision in National Fire Ins. Co. of Hartford v. Federal Ins. Co., 2012 U.S. Dist. LEXIS 641 (N.D. Cal. Jan. 4, 2012), the United States District Court for the Northern District of California had occasion to...more
As the flooding news from Thailand drags on, businesses must look to the lessons that past disasters can teach us - the Sendai earthquake and tsunami last March (the "Sendai Event"), Hurricanes Katrina and Rita, and even...more
Originally published in Risk Management Monitor, June 17, 2011. As floodwaters have threatened Missouri communities along the Mississippi River, and as the town of Joplin, Mississippi, reels from the recent devastating...more
Originally published in Law 360 - June 13, 2011. As flood waters have threatened Missouri communities along the Mississippi river, and as the town of Joplin reels from the recent devastating tornado, the residents of...more
As flood waters successively threaten communities along the Mississippi River, the residents are quite appropriately absorbed with efforts to save lives and minimize damage to homes, businesses, and lives. But, eventually the...more
Tornadoes recently ravaged much of the southeastern United States, leaving unprecedented destruction in their wake. Early estimates indicate that in addition to the tragic loss of life, the recent tornadoes may have caused...more
In Pekin Insurance Company v. Recurrent Training Center, Inc., -- N.E.2d --, 2011 WL 1515516 (Ill. App. Ct. April 20, 2011), the Appellate Court of Illinois affirmed a trial court's decision on summary judgment that no duty...more
The human toll from the catastrophes caused by earthquake and tsunami devastating the east coast of Japan has numbed the world. Obviously, the immediate collective focus must be on aiding the survivors and controlling the...more
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