Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Property Insurance Policies: Be Vigilant: Courts Do Enforce One-Year Contractual Limitations Provisions
Many property insurance policies contain or incorporate one-year statute of limitations provisions. Such provisions typically provide that 'a claim or suit brought pursuant to the policy must be brought within 12 months of the date on which the direct physical loss or damage occurred.' These contractual limitations provisions may adversely impact the ability of a policyholder to obtain a recovery for a loss. Depending on the type of loss suffered, 12 months may be an insufficient period of time to investigate the loss and to resolve any coverage issues that might arise. In the case of a sizeable loss, it is not unusual for the insurer's appraisers and/or experts to take many months to investigate and/or to make a coverage determination. As such, unless a policyholder is vigilant about resolving the claim within twelve months or tolling the limitations period, the policyholder may face an argument that the claim is barred by the statute of limitations.
Courts Do Enforce!
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
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 Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.