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Features

Establishing Ambiguity of Policy Language Image

Establishing Ambiguity of Policy Language

Robert D. Goodman, Julianne Ams & Dustin N. Nofziger

Traditionally, ambiguity in policy language was assessed by considering only the "four corners" of the contract. However, some jurisdictions now adhere to a "modern view" that allows extrinsic evidence to be considered in establishing contractual ambiguity. This article provides an overview of these approaches and offers a case study representing each method.

Features

Excess Policy Attachment: Policy Language Prevails Image

Excess Policy Attachment: Policy Language Prevails

Daniel Bailey

There is now a clear trend by courts to enforce the unambiguous attachment language in excess policies (which historically required payment by the underlying insurers of the full amount of the underlying limit as a condition to liability attaching to the excess policy). Those recent cases and their impact on future claims are summarized in this article.

Features

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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

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Court Watch

Charles G. Miller & Darryl A. Hart

Highlights of the latest franchising cases from around the country.

Captive Insurance Considerations for Franchises Image

Captive Insurance Considerations for Franchises

Keith Langlands

Forming a captive insurance company provides a number of unique advantages to franchisors and groups of franchisees, starting with reduced premiums. Quite possibly the most significant advantage of the captive insurance model, especially for franchisees, is the ability to protect against liabilities that would otherwise be difficult to insure.

Foreign Corrupt Practices Act Presents New Risk for Franchisors Image

Foreign Corrupt Practices Act Presents New Risk for Franchisors

Kevin Adler

No U.S. franchisor has faced an action brought against it under the Foreign Corrupt Practices Act, a 35-year-old law that prohibits U.S. firms and individuals from bribing foreign government officials. But that is just a matter of time.

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

The Pathology of Failed Law Firms Image

The Pathology of Failed Law Firms

Stephen M. 'Pete' Peterson

A few of the problems that faced Dewey & LeBoeuf were unique, while others were not. Nor is Dewey alone; more than 10 large and prominent firms have failed in the past decade. This article focuses on the pathology of failed law firms.

The Effect of the Pension Protection Act of 2006 ' 408(b)(2) Image

The Effect of the Pension Protection Act of 2006 ' 408(b)(2)

Charles B. Blanton, Jr.

With the effective date (July 1, 2012) upon us, the uproar surrounding the new disclosure regulations affecting retirement plans is beginning to gain momentum as the definitive question continues to be asked: Will the Pension Protection Act's § 408(b)(2) be a much-needed addition to the process surrounding opening the veil to plan expenses or will it simply cause further damage to an already weak overall retirement solution for millions of Americans?

Taxes 101 for New Law Firm Owners Image

Taxes 101 for New Law Firm Owners

Amy Petersen

This article addresses the key items a newly promoted law firm owner should know regarding his or her changed individual tax situation.

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