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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.

Innocent Spouse Can Be Denied Coverage, Says NJ Image

Innocent Spouse Can Be Denied Coverage, Says NJ

Thomas L. Mulvihill

Can an insured's resident spouse be precluded from receiving no-fault coverage if the insured has commited fraud? On January 29, 2003, the New Jersey Supreme Court decided the case of <i>Palisades Safety &amp; Insurance Association v. Leonel Bastien and Paule Bastien</i>, 814 A.2d 619 (2003) and decided for the first time 'whether an insured's resident spouse is precluded from receiving no-fault coverage when the insured lies to the insurer about his marital status and represents that there were no other persons of driving age residing in his household.' <i>Id.</i> at 620. The court affirmed a prior decision by the Appellate Division of the New Jersey Superior Court.

Features

What You Need to Know About EPLI Image

What You Need to Know About EPLI

Steven T. Catlett & Michael J. Gray

Even one relatively simple single-plaintiff employment discrimination lawsuit may result in substantial losses, which can be devastating for small- to mid-sized employers, particularly if punitive damages are awarded. And the legal expenses of defending such a lawsuit, even if successful, may be just as costly as losing the court battle. Moreover, the number of discrimination cases remains on the rise ' sexual harassment charges alone jumped nearly 50% from 1992 to 2001.

Features

How to Investigate Fraudulent Claims Image

How to Investigate Fraudulent Claims

Anthony J. Golowski II

Insurance carriers are routinely presented with claims for insurance benefits that contain elements of fraud. As a practical matter, fraudulent claims may be classified in three categories: fraud at the inception of the policy; fraudulent enhancement of an otherwise valid claim; and the staged loss. The elements of these types of claims often overlap, and the successful defense of a fraudulent claim for insurance benefits is based on a thorough understanding of the insurance policy and a complete analysis of the claim. Due to the scope of the subject matter, this topic will be addressed in a monthly series of articles. Each will focus on a different part of the investigation process. This first article begins with an overview of the investigative process.

Features

VeriSign Suspends Site Finder Service Image

VeriSign Suspends Site Finder Service

Samuel Fineman, Esquire

VeriSign Inc., the leading provider of infrastructure services for the Internet and charged with managing the .com and .net Internet name registries, recently suspended its Site Finder service because the Internet Corporation for Assigned Names and Numbers (ICANN), which oversees the Internet's domain-naming system, ordered it to shut down the service.

Cases on the Net Image

Cases on the Net

Samuel Fineman, Esquire

Recent cases in Internet law.

New Turf To Surf: A Round-up of Useful Legal Web Sites Image

New Turf To Surf: A Round-up of Useful Legal Web Sites

Robert J. Ambrogi

There are a variety of new and newly discovered Web sites of interest to legal professionals. Here are a few that are worth a look. Decisions in domain-name…

Features

Intel and Cyber-Chattels: Is There a Trespass Remedy? Image

Intel and Cyber-Chattels: Is There a Trespass Remedy?

Adam I. Cohen & Gina Dombosch

A former employee floods his employer's servers with e-mail criticizing the company and urging some 35,000 employees to quit. The company alleges significant…

International Domain Name Disputes Persist Image

International Domain Name Disputes Persist

Anthony J. Malutta

For most businesses, a domain name is now as critical and integral a part of their corporate identity as a trademark. Because these readily accessible addresses for Web sites are easy to remember and use, domain names have become business identifiers and, in some cases, even trademarks themselves, such as Amazon.com. <BR>Although it's been nearly 10 years since domain names became commonplace, the intersection between trademark rights and domain name registration and use is still teeming with potential problems. These difficulties are compounded when considered internationally. While trademark law jurisprudence can extend back several hundred years, the rules for working with domain names are still being written. Companies with their eye on international markets should pay especially close attention to the variety of rules ' or lack thereof ' in these jurisdictions.

Features

Developments of Note Image

Developments of Note

ALM Staff & Law Journal Newsletters

Recent developments in e-commerce law and in the e-commerce industry.

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