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Insurer Must Defend Suit Alleging Violation of Consumer Protection Statute
In Auto Europe LLC v. Connecticut Indemnity Co., 321 F.3d 60 (1st Cir. 2003); a panel of the First Circuit Court of Appeals concluded that a liability insurer has an obligation to defend its insured against a suit alleging violations of Maine's consumer protection statute. The insured was sued by customers of its auto rental service who claimed in pleadings that the insured had intentionally defrauded and misled consumers regarding additional fees for auto rentals. The customers alleged that these actions had violated various state and federal laws, including Maine's consumer protection statute. The insured's insurance contract provided coverage for “any negligent act, error or omission,” but excluded “liability arising out of any act, error or omission which is willfully dishonest, fraudulent or malicious, or in willful violation of any penal or criminal statute or ordinances, and is committed (or omitted) by or with the knowledge or consent of the 'insured'.” Id. at 63. Citing this exclusion, the insurer argued that it did not have a duty to defend the insured in the underlying action.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.