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September issue in PDF format Image

September issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Insurance Coverage for Trademark Infringement Lawsuits Image

Insurance Coverage for Trademark Infringement Lawsuits

Richard D. Milone & and John W. McGuinness

Standard liability insurance policies contain, in addition to the well-known bodily injury and property damage coverages, an often-forgotten section known as "advertising injury," which affords coverage that too many companies overlook.

Overlapping Coverage, Divergent Case Law Image

Overlapping Coverage, Divergent Case Law

Lynn K. Neuner & William G. Ferullo

Overlapping insurance coverage raises complicated issues for insurers, insureds, and the courts. This article discusses certain tensions among New York cases discussing "other insurance" in the duty to defend context, as brought to the fore by two recent decisions of the First Department of the New York Supreme Court, Appellate Division.

Features

Insurers' Bad Faith Refusals Image

Insurers' Bad Faith Refusals

Lewis E. Hassett & and Brian J. Levy

The Supreme Court of Georgia recently held in <i>Trinity Outdoor, LLC v. Central Mut. Ins. Co.</i> that an insured for which the insurer is providing a defense does not have a claim for an alleged bad faith failure to settle prior to the entry of an excess judgment.

Massachusetts Court Adopts Pro Rata Liability Allocation Image

Massachusetts Court Adopts Pro Rata Liability Allocation

ALM Staff & Law Journal Newsletters

In what can only be described as a major victory for insurers, the Massachusetts Supreme Judicial Court ' the state's highest court ' responded to certified questions from the United States Court of Appeals for the First Circuit by rejecting a joint and several (also known as "all sums") approach to liability allocation for progressive injuries, and instead adopting a <i>pro rata</i> method of liability allocation.

September issue in PDF format Image

September issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Court Watch Image

Court Watch

Cynthia M. Klaus & Meredith A. Bauer

Highlights of the latest franchising cases from around the country.

A New Legal Landscape for Franchising in South Africa Image

A New Legal Landscape for Franchising in South Africa

Kendal Tyre

South Africa's Consumer Protection Act will have a significant impact on franchising in that country. The president of South Africa signed the new legislation into law on April 24, 2009, and it was published in the government gazette on April 29, 2009. The Act codifies many franchise practices that have been advocated by the Franchise Association of South Africa since the early 1990s and expands on existing provisions of South Africa's Competition Act, 1998.

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