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Highlights of the latest insurance cases from around the country.
Three decisions ' <i>Fortis Benefits v. Cantu,</i>; <i>Mid-Continent Insurance Co. v. Liberty Mutual Insurance Co.,</i>; and <i>Excess Underwriters at Lloyd's v. Frank's Crew & Rental Tools, Inc.</i> ' appear to reflect the Texas Supreme Court's view that courts applying Texas law should not read more into policies than what is expressly included. And, if there is an agreement apart from the insurance contract, the Texas Supreme Court will look for it to be in writing.
An Illinois appellate court recently held that a subcontractor's insurer wrongfully rejected a general contractor's tender of defense for a suit filed by the subcontractor's employee. <i>State Automobile Mut. Ins. Co. v. Habitat Constr. Co.</i>
A captive is a privately held insurance company, and it can be a subsidiary of the insured business. It issues policies, collects premiums and pays claims, just like a commercial insurer; however, it does not offer insurance to the public. Developing and initiating a captive program may not be suitable for all companies, but by employing the tactics outlined in this article, you can make the decision that best suits your company's needs.
The law is clear in many jurisdictions that insureds typically are entitled to discover information about reserves. <i>Lipton v. Superior Court</i> is one of the leading cases.
Features
In December 2007, Lucent Technologies Inc. secured a non-prosecution agreement from the Department of Justice and settled an enforcement action with the SEC for conduct related to travel and entertainment expenses incurred on behalf of Chinese government officials and for the manner in which these expenses were booked. The Lucent settlement adds to a number of existing guideposts regarding permissible interactions with foreign officials under the Foreign Corrupt Practices Act. This article examines the Lucent settlement, prior FCPA enforcement activity related to travel and lodging, and offers some practical advice for compliance counsel.
Features
Turning over the reins of a law firm is an art form. A well-staged plan that allows for a seamless transition from current leaders to the next generation — in both client relationships and management responsibilities — is crucial to the health and longevity of your partnership.
This article examines the "Partners for Life" covenant and several of the factors that led to its demise.
Features
Whether or not to adjust the number of employees or partners downward can be a critical decision for 2008. In the event it does happen, marketing executives will, undoubtedly, be asked to help craft appropriate messages to both the market and within their own firms in advance of rumor mills, blogs, and especially, the competitors offering their own take on the changes. However daunting the task, working through such scenarios can go a long way toward preserving your firm's reputation and bolstering your own career opportunities within your current firm or with a prospective employer.
This article discusses two strategic but basic tenets of law firm finance and economics — matter profitability and return on investment (ROI) — and how marketing and finance professionals can work together to link marketing and financial strategies.