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A woman whose eggs were fertilized, implanted in the womb of her lesbian partner, and produced twin girls is being denied parentage of the children.
Features
We can all stand to improve the way we practice the non-adversarial, settlement-oriented part of our profession by paying attention to the way we employ the principles of advocacy and inquiry.
Political Risk Insurance protects an insured from financial losses as a result of unpredictable actions by host governments, especially in emerging countries or in unstable environments. It has become a vital part of risk management for global enterprises involved in international business, finance and investments.
Recent decisions of importance to you and your practice.
When a property is physically damaged by some insurable event — such as a flood or fire — laws or ordinances that were not in place when the original property was first constructed must be considered in the repairing or rebuilding of that property. After Hurricane Andrew in 1992, for example, Dade County Florida required that ruined houses be rebuilt in compliance with stricter severe-weather standards than the damaged houses had previously exhibited. These upgrade requirements must be reconciled with replacement-cost insurance for property owners, which puts the insured in the <i>same</i> position, with the same quality of property, as existed before the insured event — not in a <i>better</i> position, with a higher quality of property (<i>eg,</i> a stronger roof, better ventilation, wider egresses, and the like). Consequently, courts, insurers and insureds need to resolve the question of which party pays the costs of compliance with changed construction codes.
Features
When an insured's personal finances are essential to establishing a monetary motive for his or her conduct (particularly in insurance fraud cases), it is necessary to ask pointed, and, yes, sometimes embarrassing questions at examination under oath or deposition.
Highlights of the latest insurance cases from around the country.
Features
The income tax effect of cash payments made by one spouse in a divorce proceeding to the other is determined under section 71 of the Internal Revenue Code. To be taxable to the recipient of the payments as alimony, and deductible by the payor, the payments must meet the four requirements of section 71(b)(1). Of these requirements, the one that has caused the most difficulty is found in section 71(b)(1)(D): there can be "no liability to make any such payment after the death of the payee spouse ... " nor can there be any liability to make a substitute payment.
Features
As reported on these pages late last year, on Nov. 18, 2003, the Massachusetts Supreme Judicial Court decided <i>Goodridge v. Department of Public Health</i>, holding, in a 4-3 decision, that the denial of marriage licenses to same-sex couples in the Commonwealth of Massachusetts violated the state's constitution.
Features
In-house counsel focused on complying with the Sarbanes-Oxley Act should be wary of falling into a trap that could increase the business risks and liability exposure of their company and its executives.