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Insurance Company Conduct Endorsing the Fairness of 'All Sums' Allocation
March 31, 2009
There are many examples of insurance company statements and conduct that have endorsed the fairness of the "all sums" approach to allocation, or argued against the imposition of extracontractual proration. This conduct contradicts the unsupported arguments these insurance companies now make in favor of extracontractual proration; that enforcing the "all sums" policy language somehow would lead to unfair or unintended results.
Supreme Court of Canada Voids Non-Compete Clause
March 31, 2009
The Supreme Court of Canada ruled in an employment dispute that a non-competition covenant was not enforceable, indirectly giving new guidance for franchisors about non-compete covenants with franchisees.
The Time-Money Continuum
March 31, 2009
Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.
CA's Nutritional Labeling Law: Raising Stakes for National Legislation
March 31, 2009
When California's nutritional-content disclosure law goes into effect on July 1, it will mark a new stage in labeling requirements imposed on restaurant chains. For the first time, nutritional labeling will be required across an entire state, instead of by a single city or county.
Finding the Familiar in Contingent Coverage Provisions
March 31, 2009
Contingent business interruption insurance found in many commercial property contracts is business interruption insurance with a single modification: While business interruption is triggered by damage to property of the insured, which leads to an interruption of the insured's business, contingent business interruption is triggered by damage to the property of a specified third party, which leads to an interruption of the insured's business.
Real Property Law
March 31, 2009
Key rulings are discussed and analyzed.
Landlord & Tenant
March 31, 2009
In-depth analysis of recent rulings.
Development
March 31, 2009
A look at a recent important ruling.
Eminent Domain and Atlantic Yards: A Reprise
March 31, 2009
The author contends that "In light of Don't Destroy (Brooklyn), then, any group or individual that challenges a blight-based condemnation faces a nearly insurmountable burden."
Index
March 31, 2009
A complete and comprehensive listing of what's contained in this month's issue.

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