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27 Feb 2024, 12:50 am
It reminds parties of the stringent requirements which will need to be satisfied before an insurance code arises by way of implication from contract terms, so if that is what parties to contracts wish to agree they should do so expressly. [read post]
26 Feb 2024, 9:07 am
But, as the Court pointed out, Wilburn Boat was not about a choice-of-law clause; it only determined what substantive rule applied to a party’s breach of a warranty in a marine insurance policy. [read post]
23 Feb 2024, 2:57 pm
As Justice Kavanaugh succinctly stated, “the uniformity and predictability resulting from choice-of-law provisions are especially important for marine insurance contracts given that marine insurance is ‘an integral part of virtually every maritime transaction, and maritime commerce is a vital part of the nation’s economy. [read post]
23 Feb 2024, 1:05 pm
Marine insurance policies are maritime contracts which are governed in the first instance by maritime law. [read post]
22 Feb 2024, 6:39 am
The marine insurance contract signed by the parties contained the following choice-of-law clause: It is hereby agreed that any dispute arising hereunder shall be adjudicated according to well established, entrenched principles and precedents of substantive United States Federal Admiralty law and practice but where no such well-established, entrenched precedent exists, this insuring agreement is subject to the substantive laws of the State of New York. [read post]
21 Feb 2024, 2:04 pm
The contract, like most American marine insurance contracts, called for the application of New York law. [read post]
18 Feb 2024, 11:06 am
The Secretary of Defense may issue a waiver of this prohibition on a contract by contract basis but only “provided that the information provided is directly related to the performance of the contract. [read post]
24 Jan 2024, 7:26 pm
Though a victim typically must sign a waiver discharging such companies of any liability for injuries, the enforceability of said contract may be called into question, depending on the cause of a crash. [read post]
23 Jan 2024, 4:38 am
“These precision strikes are intended to disrupt and degrade the capabilities that the Houthis use to threaten global trade and the lives of innocent mariners … Today’s strike specifically targeted a Houthi underground storage site and locations associated with the Houthis’ missile and air surveillance capabilities. [read post]
7 Jan 2024, 7:41 am
A recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. [read post]
2 Jan 2024, 2:13 am
Chassion (SAL); WCAB Panel: Commissioners Razo, Snellings, Dodd Workers’ Compensation Appeals Board (Board Panel Decision) Opinion Filed July 3, 2023 Injury AOE/COE—Special Risk Exception to Non-Compensability of Non-Occupational Diseases—COVID-19—WCAB, denying reconsideration, affirmed WCJ’s finding that applicant suffered industrial injury in form of COVID-19 and its sequelae while working as workers’ compensation applicant’s attorney on 3/12/2020, when… [read post]
19 Dec 2023, 8:57 am
When a cargo is purchased under a FOB contract and shipped pursuant to a commercial contract of carriage contained in or evidenced by a bill of lading, the cargo is used for commercial purposes. [read post]
18 Dec 2023, 4:48 am
It was common ground that the construction contract was part of the factual matrix for the construction of the policy. [read post]
4 Dec 2023, 2:49 pm
CONTRACTS 5. [read post]
1 Dec 2023, 7:50 am
The company wrote property, surety, marine and transportation, workers’ compensation, and casualty insurance policies or contracts and has been licensed in all fifty (50) States and the District of Columbia. [read post]
7 Nov 2023, 11:13 am
[xiv] Solicitation Improprieties GAO’s sustains in response to challenges to solicitation terms and conditions show its willingness to delve into the propriety of contract types and what terms and conditions are suitable for FAR Part 12 procurements. [read post]
3 Nov 2023, 12:36 pm
For example, suppose you break a contract by failing to make your monthly payments. [read post]
3 Nov 2023, 12:36 pm
For example, suppose you break a contract by failing to make your monthly payments. [read post]
1 Nov 2023, 6:00 am
” One such established federal rule is that “[a] choice of law provision in a marine insurance contract will be upheld in the absence of evidence that its enforcement would be unreasonable or unjust. [read post]
27 Oct 2023, 11:44 am
In Mandex, the Department of the Navy, Naval Information Warfare Systems Command, Naval Information Warfare Center (NIWC) sought to award a task order for Marine Air Ground Task Force Command and Control Systems and Applications (MC2SA) engineering support (“Engineering Support TO”). [read post]
