Triggering Excess Insurer Duties Without Full Payments by Primary Insurers
June 01, 2004
During recent years, insureds have faced a wide range of claims with potential liability exceeding the limits of their primary insurance policies. In such a setting, excess insurers typically argue that their duties are not triggered unless and until the primary policy has paid its limits. Such arguments should not be readily accepted. Excess insurers owe duties even before primary policies have exhausted. And, when a primary insurer settles with its insured, excess insurers may be obligated to pay under their policies even if the settlement was for less than the primary policy's limits.
Seller Beware: Insureds Not Covered for Misrepresentations in the Transfer of Real Estate
June 01, 2004
The situation is not uncommon: A buyer purchases a residence or piece of land, discovers material defects, and files suit against the seller based on fraud and negligent misrepresentation, seeking the cost of repairing the defective condition or rescission of the purchase agreement. Judging by the growing body of case law, the seller then tenders the suit to its liability insurer, typically under a homeowners or general liability policy.
Viable e-Signature Options
June 01, 2004
While the Internet continues to replace traditional forms of commerce communication and to help expand e-commerce, the use of contracts to memorialize business agreements remains constant. <br>To move toward full implementation of Internet commerce communications, businesses are struggling to find an appropriate replacement for traditional authentication procedures. <br>In short, businesses seek lawful electronic signatures to replace traditional signatures. This search has resulted in six viable e-signature options.
Up-To-Date, Or Out Of Luck?
June 01, 2004
No business likes to be undercut by a competitor ' but the pain of lost profits, not to mention the sting of embarrassment, would be worse if the "competitor" were your own business. <br>Strange? <br>Yes, but the scenario can occur when a firm establishes a Web site, but doesn't maintain it.
First Quarter e-Commerce Spending Is Biggest Year-Start Ever
June 01, 2004
At an estimated $15.5 billion ' an increase of 28.1% from 2003's first quarter ' this year's estimated first-quarter e-commerce accounted for 1.9% of all first-quarter retailing, which the U.S. Census Bureau last month guessed totaled $834.8 billion, a nearly 9% rise from the same quarter last year.
Developments of Note
June 01, 2004
Recent developments in e-commerce law and in the e-commerce industry.
Is Bill Gates Public Enemy Number One?
June 01, 2004
Unfortunately, Americans these days know that terrorists can strike us at home, and anxiety about possible attacks ' from cyber assaults to the not-so-good old-fashioned kind ' is running high. <br>Of course, most Americans' vigilance against an attack is directed overseas, but should at least some of their attention, and that of anyone in e-commerce, focus on Redmond, Washington, the headquarters of Microsoft and its helmsman, Bill Gates?
Breaking Barriers With the Buddy List
June 01, 2004
What was once seen as a chatting tool for teenagers, IM is becoming a required tool for more and more businesses. According to Gartner Research, enterprise instant messaging is growing at approximately 20% annually and is expected to be in use by 70% of all companies by the end of this year. By 2005, it's expected to surpass e-mail as the primary online communication tool. <br>With IM, you can look at your list of common users or buddy list and "see" who is online via presence awareness (the ability to view who is online and available to chat). When you're working on a time sensitive contract negotiation or just need an answer ASAP, IM is invaluable for lawyers.
