Property Investigation Checklists; Diminution in Value Damages; The Insurance Fraud Deskbook; The Commercial Property Insurance Policy Deskbook; Insurance Claims a Comprehensive Guide; Construction Defects Coverage Guide; Mold Claims Coverage Guide; and Insurance Law Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created a library of insurance claims books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals. For those who serve the insurance…
Liability Policy Limited to Insured Residence Premises Houses are often homes. Not all houses are homes. Not all properties with a house are residences or residence premises. Insurance policies never cover every conceivable potential exposure the insured faces. By their terms the policy limits its exposure based on the requirements and needs of the insured and the willingness of an insurer to take on that risk. FACTS In Shelley Lynn Yocom v. RAM Mutual Insurance…
Last week, the Financial Crimes Enforcement Network (FinCEN) announced its first-ever civil penalty against a cryptocurrency exchanger for willful violations of the Bank Secrecy Act (BSA). According to the FinCEN Assessment of Civil Money Penalty (Assessment), California-based Eric Powers failed to register with FinCEN as a money services business (MSB); develop, implement, and maintain an effective written AML program; report suspicious transactions conducted by, at, or through Mr. Powers; and file currency transaction reports –…
This is the first edition of the Eversheds Sutherland SALT Scoreboard for 2019. Since 2016, we have tallied the results of what we deem to be significant taxpayer wins and losses and analyzed those results. This edition of the SALT Scoreboard includes insights regarding Virginia’s costs of performance sourcing, New Jersey’s addbacks of intercompany expenses, and a spotlight on sales and use tax cases. View our Eversheds Sutherland SALT Scoreboard results from the first quarter…
When you do not pay your taxes, the Internal Revenue Service (IRS) has the power to file a “lien” on your property under Internal Revenue Code section 6321. The lien attaches “upon all property and rights to property, whether real or personal, belonging to such person.” Practically, this means that the IRS is giving notice that you owe it money and its debt gets priority to most debts that occur after the lien notice is…
On April 11, 2019, the Howard Jarvis Taxpayer’s Association (HJTA) filed its amended complaint challenging the propriety of California’s new CalSavers retirement program after a federal district court dismissed its first complaint on March 29, 2019.  See CalSavers Saved from ERISA Preemption By District Court.  Like the first complaint, the amended complaint attacks the statutory program in two ways.  First, it argues that the program is preempted by ERISA and therefore should be declared…
Full Court Press: Zalma on Property and Casualty Insurance, Insurance Law Deskbook, California Insurance Law Deskbook, and Insurance Bad Faith and Punitive Damages Deskbook Barry Zalma, Esq., CFE, an insurance claims expert, has created a library of insurance claims books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals. For those who serve the insurance industry and its policyholders (whether as lawyers, adjusters, claims management, or…
We would like to thank Legal500 for their consideration, our clients for choosing and trusting us, and of course, all the excellent Members of the AGP Team We are very proud to have been ranked in all 4 chosen areas of expertise and to have a record 7 recommended lawyers and consultants, in the newly released 2019 edition of Legal 500 EMEA. AGP maintains strong rankings for 7th consecutive year in Legal 500 EMEA as…
Careful Pleading Requires Defense When Evidence Does Not Courts like those in Florida that apply the four corners rule of insurance contract interpretation of the duty to defend allow a plaintiff’s lawyer to skillfully draw a complaint that will require the defendant’s insurer to defend even when it is clear from existing evidence that there is no coverage. Although Florida allows an insurer to bring extrinsic evidence to the court when seeking to defeat an…
Definition of “Substantially All” The first set of proposed regulations defines the phrase “substantially all” for purposes of determining whether an entity is a QOZ business (“QOZB”). Treasury failed, however, to define this very phrase in the context it is used in other parts of the QOZ statute.  The phrase “substantially all” also appears in Code Section 1400Z-2(d)(2)(D)(i)(III), which provides that for property to be treated as QOZ business property (“QOZBP”), “substantially all of the…

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