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Insurer May Sue Broker for Misrepresentations in Application
In Century Surety Co. v. Crosby Insurance, Inc., 2004 Cal. App. LEXIS 1923 (Cal. Ct. App. Nov. 17, 2004), a California court of appeal addressed an insurer's claim against a broker regarding misrepresentations in an insured's application for coverage. The insurer claimed that the broker knew that the insured was working as a general contractor, but submitted an application for insurance stating that it worked only as a drywall contractor. The insurer claimed that once the insured had been sued, it undertook the insured's defense until it learned that the insured had provided false loss history information in its application. At that point, the insurer withdrew from the defense. It was then sued by the insured for breach of contract and bad faith. At that point, the insurer filed a cross-complaint against the broker, asserting claims for fraud and negligence.
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.
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.