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8 May 2015, 5:21 am
In Renshaw, the state court concluded a loss resulting from the theft of plaintiff's bank card and personal identification number (PIN) constituted a `forgery’ under plaintiff's homeowners insurance policy. [read post]
1 Nov 2012, 8:51 pm by Tim Banks @TM_Banks
“[R]estraints imposed on government to pry into the lives of the citizen go to the essence of a democratic state” (R. v. [read post]
13 Dec 2022, 5:00 pm
In Truck Rent-A-Center v Puritan Farms, our state’s highest court, the Court of Appeals, held, "[a] contractual provision fixing damages in the event of breach will be sustained if the amount liquidated bears a reasonable proportion to the probable loss and the amount of actual loss is incapable or difficult of precise estimation. [read post]
10 Nov 2011, 3:30 am by Kevin Healey
In other words, if the insured makes every reasonable attempt to prevent a loss, but that loss ultimately still occurs, the loss is likely fortuitous.For example, in David Danzeisen Realty Corp. v. [read post]