Legal Articles, Insurance

Enforcing your Legal Rights in the Yukon

The remoteness of the Yukon can make finding effective legal representation difficult, but not impossible. The lawyers from Taylor & Blair LLP can help you with your legal needs.

What Should You Do When You Receive a Reservation of Rights Letter?

When you receive a reservation of rights letter, sometimes the actual message of the insurance company gets lost in the policy language. This article helps clarify what that message the recipient should take from that reservation of rights letter.

Long-Term Disability Denials

Long-term disability insurance is peace of mind insurance that is supposed to be there to support you when an unexpected illness or injury strikes. Unfortunately a large amount of Canadian long-term disability claims are denied.

Uninsured Motorist Claim

Why do we need uninsured motorist coverage?

“An Overview of Oklahoma Law Insurance”

This article gives a basic overview of automobile insurance law.

CONSIDERING A SALE? Take early steps to protect your talent

Are you a business owner who is thinking about selling your businesses? It’s never too early to plan ahead to protect the future success of the business.

CONFLICT ISSUES IN THE SALE OF CLOSELY HELD BUSINESSES; TENSIONS AMONG FAMILY MEMBERS

The sale of a family business or any business with multiple owners creates potential conflicts among the owners as well as potential issues for the attorney representing the sellers. Among these issues are those related to employment/consulting agreements, noncompete agreements, indemnification clauses, and dispute resolution as part of the sale.

CLAWBACKS: CREATING A FAIR POST-SALE DEAL FOR FORMER OWNERS

Clawbacks are provisions that assure a former equity owner receives fair, full consideration when it sells its equity. Such provisions enable the former owner to participate in the consideration received in a subsequent sale of the business by the remaining owner or owners.

NO FAULT INSURANCE IN NEW YORK STATE

No-Fault benefits are mandatory for all N.Y.State motor vehicle insurance policies as part of NYS minimal insurance requirements, provided by all insurers and self-insurers of motor vehicles.

Bifurcation of First-Party Auto Claims in New Mexico

A motion to bifurcate is often the first line of defense in a litigated first-party insurance claim. The Defendant carrier contends bifurcation streamlines discovery and disposes of “extra-contractual” issues without having to use the court’s time and resources. In truth, however, by moving to bifurcate, the first-party insurance is trying to accomplish two major goals: 1) prevent discovery of harmful and/or “proprietary” business and/or claims file information that the insurance company knows will support an insured’s bad faith and extra-contractual claims; and 2) delay addressing the extra contractual claims by creating another hurdle for the insured to clear, i.e. a discovery and trial on the damages before allowing a discovery or trial on the merits of the extra-contractual first-party claims. The individual facts and circumstances of the case that warrant non-bifurcation should be emphasized with the court. Plaintiff should emphasize facts which could permit recovery on extracontractual claims regardless of whether or Plaintiff can prevail on the contractual claim. Plaintiff should emphasize arguments that the extra-contractual issues will have to be resolved regardless of the number of trials or the order of discovery, so in the interest of judicial efficiency, bifurcation would not be appropriate.

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