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Features

Coverage Disclaimer May Not Await Investigation of Other Defenses Image

Coverage Disclaimer May Not Await Investigation of Other Defenses

Richard J. Geddes & Sarah Champion

In <i>George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA</i>, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.

Terrorism and the Pollution Exclusion Image

Terrorism and the Pollution Exclusion

Larry P. Schiffer

This article considers whether alleged personal injuries based on exposure to contaminants disbursed because of a terrorist attack are excluded from coverage by the pollution exclusion commonly found in most insurance policies.

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

Succession for Sustainability Image

Succession for Sustainability

James D. Cotterman

Succession planning is critical to the sustainability of law firms, and it should command leadership's full attention.

Features

Asking for Business Image

Asking for Business

Kimberly Alford Rice

The key to building a prosperous practice is to attract new clients and retain the ones you have. This requires lawyers to master some basic sales skills, and closing the sale is a non-negotiable part of the process.

Features

Eighth Circuit Ends Thomas-Rasset File-Sharing Fight Image

Eighth Circuit Ends Thomas-Rasset File-Sharing Fight

Sheri Qualters

The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.

Features

Budgeting Is the Key to Effective Alternative Billing Image

Budgeting Is the Key to Effective Alternative Billing

Ed Poll

The best way to balance the interests of the lawyer and client is by developing a budget at the start of an engagement where alternative billing is used.

Features

Addressing the Fraying Partnership Image

Addressing the Fraying Partnership

Joseph B. Altonji

Reversing the course of negative change in a fraying partnership is not easy, but it can be done if leaders and their followers are willing to step outside their comfort zones and embrace positive change.

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of several key cases.

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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