This blog was co-authored by Jos Fogle, Candidate Attorney.
In August 2024, the High Court found that a shareholder does not have the authority to institute legal proceedings on behalf of the company it is a shareholder of without (1) a resolution from the underlying company’s board of directors or (2) express authority in the
A Missouri Federal Court in September 2024 dismissed the extraordinary defence by the insurer that a claim for a severe esophageal injury suffered by an 18-month old child who drank a breath freshener was a loss falling within the total pollution exclusion.
The policy covered all bodily injury that arises out of the covered products
In September 2024 a Louisiana court in the US held that a claim for damages by an insured against the independent loss adjusting company employed by the insurer should be dismissed. An insurance adjuster generally does not owe a legal duty to an insurance claimant. Under Louisiana law, insurance adjusters owe a duty to claimants
A February 2024 UK judgment dealt with the practices of the London insurance market and their Market Reform Contract (MRC) in relation to the role of a “slip” in the form of a slip policy or reinsurance slip. The practices may not be familiar to everyone. The question that always arises is what happens if
A Delaware court found itself having to hear lengthy evidence to determine the contracting parties’ intentions regarding what the court found to be an ambiguous ‘commercially reasonable efforts’ clause in an acquisition agreement. The clause was outward-facing (objective) which needed evidence of the hypothetical standards and practices of companies in the pharmaceutical industry.
One pharmaceutical