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HTMLReplacement Cost Coverage is Not Your Friend
Daniel R. Sullivan; Gentry Locke Rakes & Moore, LLP;
Legal Alert/Article
February 4, 2016, previously published on January 2016
Every business that owns or operates out of a brick and mortar location needs a commercial insurance policy for that building. This we can all agree on. But what happens when the insurance policy will pay out only after the policy holder replaces the destroyed property? What happens if the...


HTMLThe Top Five Mistakes in Complex Litigation Work Flow: A Primer (Reminder) for Lead (and other) Paralegals
Marcus A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
June 23, 2015, previously published on June 8, 2015
Nexsen Pruet member (partner) Marcus A. Manos recently conducted a refresher for paralegals at the firm. Entitled "A Primer (Reminder) for Lead (and other) Paralegals," Manos took veterans and newer hires through each step of the firm's work flow. To begin the training session, he focused...


HTMLKnow What It Takes For Contract Clauses To Be Conspicuous Where Required
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 20, 2015, previously published on February 17, 2015
Company A‘s predecessor entered into a contract with Company B‘‘s predecessor to build a water pipeline and A promised B indemnity for claims resulting from A ‘s work. While building the water pipeline, Company A accidentally hit a methanol pipeline and caused a leak that...


HTMLCyber Attacks: Is Your Bank Insured?
David L. Cox, Erica J. Dominitz, Erich M. Hellmold, Aaron M. Kaslow, Edward G. Olifer, Kevin M. Toomey; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
February 6, 2015, previously published on January 12, 2015
State and federal banking regulators’ recent focus on cyber security and cyber insurance underscores the importance of procuring cyber insurance, both as a risk management tool and for purposes of demonstrating regulatory compliance. As such, it is imperative that financial institutions...


HTML“May I have your ZIP Code?” Retailers May Want to Read This....
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 18, 2014
There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...


HTMLCourt Would Not Dismiss Breach of Contract and Bad Faith Claims on Basis of Insurance Policy’s Anti-Assignment Clause When Time of Assignment Was Construed as Being Pleaded to Arise after the Loss (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
May 8, 2014, previously published on May 6, 2014
In Charbonneau v. Chartis Property Casualty Co., the plaintiff brought suit against an insurance company, claiming violations of contractual rights to proceeds from an insurance policy that had been assigned to her. The insurer filed a motion to dismiss on numerous procedural grounds (claim...


HTMLDry Times: How to Deal with the Impact of California’s Drought on Critical Commercial Agreements
Joel Cazares, Randal B. Short, Carren B. Shulman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
April 22, 2014, previously published on April 18, 2014
On January 17, 2014, California Governor Jerry Brown declared a “State of Emergency” in California due to the severity of drought conditions across the State. Since then, the California drought continues to be severe and unprecedented in recent years, and is taking a pervasive toll on...


HTMLUnited States District Court for the District Of Maryland Finds That Insured Can Plead Quasi-Contract Claims alongside Claims for Breach of Express Contract
Wayne C. Heavener; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
April 2, 2014, previously published on March 2014
In American Home Assurance Company v. KBE Building Corporation, the United States District Court for the District of Maryland denied an insurer's motion to dismiss quasi-contract and tort claims brought by an insured in a coverage dispute case. Writing for the Court, Judge Catherine C. Blake held...


HTMLThe U.S. Supreme Court Limits Jurisdiction Over Foreign Companies
Maria M. Todorova, Prentiss Willson; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
March 4, 2014, previously published on January 29, 2014
On January 14, 2014, the U.S. Supreme Court reversed the Ninth Circuit and held that due process prevents a state court from exercising general personal jurisdiction over a foreign corporation based solely on the business activities performed in the forum state by a U.S. subsidiary on behalf of the...


HTMLEleventh Circuit Holds That Lenders May Require More Flood Insurance Than Amount Required Under Federal Law for Federally-Insured Mortgages
John R. Chiles, Jordan Teague; Burr & Forman LLP;
Legal Alert/Article
February 24, 2014, previously published on February 20, 2014
The Eleventh Circuit Court of Appeals held in Faire Feaz v. Wells Fargo Bank, N.A., et al., No. 13-10230 (11th Cir. Feb. 10, 2014), that a lender may require a borrower who has a federally-insured mortgage to obtain more flood insurance than the amount required under federal law.


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