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Breach of Contract › Assignments › Appeals

Oliva Gibbs

Happiness is Setting Clear Boundaries — Especially in Overriding Royalty Assignments

Oliva Gibbs on

Assignments of interests in oil and gas leases often incorporate by reference outside agreements. This can be a helpful shortcut to avoid including every lengthy and confidential provision that was drafted during negotiations...more

Freiberger Haber LLP

Giving Two Contract Provisions Their Intended Meaning

Freiberger Haber LLP on

Under New York law, written agreements are construed in accordance with the parties’ intent. “The best evidence of what parties to a written agreement intend is what they say in their writing.” As such, “a written agreement...more

Patton Sullivan Brodehl LLP

Foreclosure Against a Commercial Landlord: Impact on Lease Rights

Patton Sullivan Brodehl LLP on

Foreclosure can often have tricky impacts on lease rights...  See Eviction After Foreclosure: California Supreme Court Weighs In and When a Lender Forecloses on a Leasehold Interest…. An opinion recently published by...more

Jaburg Wilk

Arizona Court of Appeals Holds Insureds May Assign a Post-Loss Breach of Contract Claim to Contractors

Jaburg Wilk on

The Holding - In Farmers Ins. Exchange v. The Honorable David Udall, 2018 WL 2931906 (June 12, 2018), the Arizona Court of Appeals accepted special action jurisdiction to hold that Insureds validly assigned post-loss...more

Butler Weihmuller Katz Craig LLP

Understanding How Insurance Policy Conditions Apply When There is an Assignment of Benefits

Butler Weihmuller Katz Craig LLP on

Florida first-party property insurers have seen a dramatic rise in assigned insurance claims. In the typical scenario, an insured assigns her rights to receive insurance proceeds from a loss to a contractor in return for the...more

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