Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Getting the Most Out of Technologies You Already Own Image

Getting the Most Out of Technologies You Already Own

Judye Carter Reynolds

Drafting a document between multiple reviewers can get complicated and frustrating when the available tools aren't used properly ' or not at all. The most common tools for document collaboration in Microsoft Word are Track Changes and Comments. These features are often used incompletely or the proper use of them is misunderstood.

July issue in PDF format Image

July issue in PDF format

ALM Staff & Law Journal Newsletters

…

Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Features

Making Sense of Contra Proferentum Image

Making Sense of Contra Proferentum

Kenneth W. Erickson & Bryan R. Diederich

One traditional rule of contract interpretation is to construe contact terms in appropriate circumstances against the drafter, a concept often referred to as <i>contra proferentum</i>. This doctrine sometimes fits uncomfortably with two other views expressed by American courts. On one hand, many decisions say that insurance contracts are interpreted just like any other commercial contract. <i>See, e.g., Sims v. Mulhearn Funeral Home, Inc.</i>, ___ So.2d ___, (La. 2007); <i>Bear River Ins. Co. v. Williams</i>, 153 P.2d 798, 801 (Utah Ct. App. 2006). On the other hand, some decisions say without qualification that insurance contracts should be construed strictly against the insurer. <i>See, e.g., Carter v. Concord Gen. Mut. Ins. Co.</i>, ___ A.2d ___ (N.H. 2007); <i>Cinergy Corp. v. Associated Elec. &amp; Gas Ins. Servs., Ltd.</i>, 865 N.E.2d 571, 574 (Ind. 2007). And sometimes a single opinion tries to express both at the same time: 'It is well settled that a <i>contract of insurance is no different from any other contract</i> and must be construed in a fair and reasonable manner, having regard to the risk and subject matter of the policy, and that special rules such as liberal construction in favor of the insured and against the insurer who drew the contract apply.' <i>In re New York Cent. Mut. Fire Ins. Co.</i>, 833 N.Y.S.2d 182, 183 (App. Div. 2007) (emphasis added).

Features

Class Certification In Property Insurance Disputes Image

Class Certification In Property Insurance Disputes

Rachel A. Meese

The 2005 hurricane season, including the devastation wreaked by Hurricane Katrina, caused estimated losses of $75 billion. The insured property damage from the five major hurricanes in 2005 reached $52.7 billion. Hurricane Katrina alone caused more property loss than had occurred in the entire prior year, posting $27.3 billion. <i>See http://insurancenews net.com/article.asp?a=top_news&amp;id=73930</i>. In light of these unprecedented losses, a record number of lawsuits have been filed stemming from damage caused by the 2005 storms. Predictably, an equally high number of class action suits have been filed, purportedly on behalf of those affected by the storms. Despite this flurry of class action suits, the requirements of Federal Rule of Civil Procedure 23 and its state counterparts clearly limit the use of class action suits to very specific, enumerated circumstances that simply do not include first-party insurance disputes, widespread property damage claims, or claims for bad faith and/or unfair trade practices in the adjustment of insurance claims, even where the damage was due to a common weather event.

The Devil in the Details: The Great Significance of the Jurisdiction and Choice of Law of a Contract Image

The Devil in the Details: The Great Significance of the Jurisdiction and Choice of Law of a Contract

Antony Woodhouse

Choosing the jurisdiction and applicable law for disputes arising out of an insurance or reinsurance contract may be secondary to sorting out the actual terms of coverage, but the importance of the choice should not be underestimated. A good lesson in the different approaches of even mainstream insurance jurisdictions can be had by looking at the experience of the insurers embroiled in the film finance saga, which has kept banks, insurers, reinsurers, and the courts worldwide busy for the last seven years.

July issue in PDF format Image

July issue in PDF format

ALM Staff & Law Journal Newsletters

&#133;

Sizing Up the Am Law 100 Image

Sizing Up the Am Law 100

Vivia Chen

They may lament that they are the poor cousins of hedge fund managers and private equity stakeholders, but law firm partners are hardly suffering.

From Moral Partners to a Moral Firm Image

From Moral Partners to a Moral Firm

Gregory S. Gallopoulos

In March, <i>The American Lawyer</i> ran a cover story about a prestigious national law firm that found itself mired in legal and ethical problems even as it enjoyed unparalleled growth and economic success. The article asks: Are the firm's great strengths &mdash; enterprise, speed, and daring &mdash; also its great flaw?

Milking a Cash Cow Image

Milking a Cash Cow

H. Edward Wesemann

With all of the reporting capabilities of sophisticated time and billing systems, it is easy to lose sight of the most basic rule of law firm economics: Cash in must exceed cash out. To that end, one of the most valuable assets any business can have is a cash cow. Yet, we find that many law firms never benefit from practices that could be cash cows because they just don't seem to understand the concept. I know, it sounds pretty simple ' bleed as much revenue as you can out of practice areas in which your firm has a dominant position. But, somehow, we keep screwing it up.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
    Read More ›
  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
    Read More ›
  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
    Read More ›