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Previously we have addressed the issues of fraud at the inception of an insurance claim, a carrier's analysis of fraudulent claims and the use of forensic experts to investigate and defend claims. This article will focus on the role of the carrier's Special Investigation Unit ("SIU") in investigating and defending against fraudulent insurance claims and the role of SIU counsel in the investigative process.
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Direct insurance contracts, like other commercial agreements, can be structured to provide for arbitration as the chosen means of dispute resolution. <i>See, e.g.,</i> Michael Ha, <i>Arbitration Boosts Efficiency: Alliance,</i> National Underwriter, March 17, 2003. Despite the perceived efficiencies of arbitration, some groups have pushed for widespread regulation of the use of arbitration clauses in commercial insurance contracts. <i>See Mandatory Arbitration on NAIC Agenda,</i> Insurance Chronicle, Feb. 3, 2003. Thus far, those opposed to arbitration clauses in insurance contracts have focused their efforts on persuading individual state regulators to restrict or ban the inclusion of mandatory arbitration clauses. <i>See id.</i>
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FRCP 26(a)(2)(B) governing the disclosure of expert witnesses in federal court was adopted in 1993 with the hope that "the length of the deposition of such experts should be reduced, and in many cases the report may eliminate the need for a deposition" altogether. Advisory Committee Notes, Fed. R. Civ. Pro., Rule 26, 28 U.S.C.A. (1993).
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Highlights of the latest commercial leasing cases from around the country.
In today's complex real estate world, shopping center owners are finding that redeveloping a shopping center may not be enough to remain competitive. Well-known retail analysts are commenting that consumers are tired of the mall concept that forces someone to wade through a department store to access an enclosed mall, when all they are really looking for is the quick purchase of a pair of shoes. Analysts, including PricewaterhouseCoopers and others, have concluded that as many as one-third of the nation's 1200 malls are obsolete, or nearly so. After decades of both owner and retailer consolidation, the 10 largest mall real estate investment trusts now control approximately 47% of all malls. About 20% of these are "D" level malls which should probably be de-malled. The Congress for the New Urbanism has called many of these lower-performing enclosed regional malls, "greyfields." This is a comparison to "brownfields," the term commonly used to refer to abandoned and partially contaminated commercial facilities.
Many commercial office leases fail to identify or delineate all costs a tenant may incur in the initial build-out or subsequent alteration of its office space. Such costs, if not understood, negotiated upfront and documented in the lease agreement, will substantially reduce the actual dollars a tenant has available for its initial leasehold improvements from the landlord-provided tenant allowance and will increase the cost of alterations during the lease term. While not expressed in purely face-value economics, there are also many other issues which, if not addressed appropriately in the lease, will cost the tenant additional time and money. This article details some of these costs and issues and suggests ways to address them in your lease.
A team of researchers at the Department of Energy's Lawrence Berkeley National Laboratory has developed an interactive computer program that building managers and owners can use to assess their vulnerability to — and to prepare for — chemical, biological, and radiological (CBR) weapons attacks or accidental toxic releases. The Building Vulnerability Assessment and Mitigation Program (BVAMP) can be obtained free through a Web site established by Berkeley Lab, which provides advice on CBR responses for buildings. (<i>www.lbl.gov</i>) CBR threats can include deliberate terrorist attacks, resulting in the release of hazardous materials, or accidents such as freight-train derailments and refinery releases. The heating, ventilation, and air conditioning system (HVAC) is often the first line of defense in the case of airborne CBR agents. Consequently, according to one of Berkeley Lab's principal investigators, preplanning and manipulating the HVAC system can significantly reduce the severity of a release.
Highlights of the latest franchising news from around the country.
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Highlights of the latest franchising cases from around the country.
Features
A U.S. franchisor looking to expand into Canada has a daunting, but entrepreneurially acceptable, challenge ahead. One of the issues to be dealt with early on is: How will I be taxed at home and "abroad"? That's right: "abroad." As tempting as it may be to view Canada as the 51st state, it just isn't so. North of the 49th parallel of latitude lies a foreign country complete with all the usual structural pitfalls.