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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
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
Highlights of the latest franchising news from around the country.
Highlights of the latest franchising cases from around the country.
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.
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.
Features
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.
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?
This article addresses the key items a newly promoted law firm owner should know regarding his or her changed individual tax situation.