Topic
Contract Drafting
937 published works
New Jersey Insurance Coverage Litigation
Ambiguity in Insurance Policies
By Gene Killian
I’m getting ready to participate in a panel discussion at the New Jersey Institute for Continuing Legal Education with some of my friends from both sides of the bar (policyholder…
ContractsProf Blog
Professor Craswell Takes on Lady Duff
We have already presented Stanford Law's Richard Craswell's takes on Frigaliment and Lumley. Today, we offer his song about Wood v. Lady Duff Gordon, a case we have previously mentioned,…
Delaware Corporate & Commercial Litigation Blog
Contract Interpreted in Ruling on Summary Judgment Motion
Invenergy Solar Development LLC v. Gonergy Caribbean Sarl, C.A. No. 5455-VCP (Del. Ch. Nov. 28, 2011), read opinion here. What this Case is About: This is a rather unremarkable decision…
ContractsProf Blog
Hitler’s Take on the Chicken Case
Ever wonder how the facts and primary arguments in Frigaliment, a.k.a. The Chicken Case, could be illustrated via a humorous video clip involving Hitler? Yeah, me neither. Until now. Last night, a former student of…
Delaware Corporate & Commercial Litigation Blog
Chancery Applies Step Transaction Doctrine to Favor Substance Over Form
In Coughlan v. NXP B.V., C. A. No. 5110-VCG (Del. Ch. Nov. 4, 2011), the Delaware Court of Chancery applied the step transaction doctrine and the equitable principle that elevates…
British Columbia Insurance Blog
An insurer may have an obligation to renew a motor vehicle policy even if the insured allows their AMA membership to lapse.
Insured was entitled to coverage under the policy because membership in AMA was not a condition precedent to coverage and there was a reasonable expectation that the policy would be…
British Columbia Insurance Blog
Evidence of the intention of the parties outside of the insurance contract may be used to establish the terms of the contract.
Appeal of declaration of entitlement to long-term disability benefits to age 65 allowed, the Court finding that the insured was only entitled to long-term disability benefits for two years. McGarry…
Delaware Corporate & Commercial Litigation Blog
Chancery Addresses Contract Issues
Petroplast Petrofisa Plasticos S.A. v. Ameron Int’l Corp., C.A. No. 4304-VCP (July 1, 2011). This Chancery decision concerns a dispute over a technology-sharing relationship between Plaintiffs, Petroplast Petrofisa Plasticos S.A.…
Delaware Corporate & Commercial Litigation Blog
Chancery Bifurcates Complex Case into Contract Interpretation and Damages Phases
In BAE Systems Information and Electronic Systems Integration, Inc. v. Lockheed Martin Corp., C.A. No. 3099-VCN (Del. Ch. June 30, 2011), read letter ruling here, the Delaware Court of Chancery granted…
British Columbia Insurance Blog
When interpretating insurance contracts exclusion clauses will be interpreted narrowly and specific clauses will trump general clauses.
The Court granted an insureds' appeal from a judgment finding that damage suffered to their home was excluded under the policy of insurance. When two clauses in an insurance contract…