Topic
Misrepresentation
289 published works
Legal Profession Blog
Grave Consequences
The Pennsylvania Supreme Court has imposed a five-year suspension of an attorney who appeared in a legal matter while suspended. The attorney used the false name of Cohen, rather than his…
Securities Law Prof Blog
Eleventh Circuit Reverses Summary Judgment for Morgan Keegan in ARS Action
In SEC v. Morgan Keegan & Co., Inc. (11th Cir. May 2, 2012), the appeals court reversed a summary judgment in favor of Morgan Keegan involving its sales of auction…
Property Insurance Coverage Law Blog
Court Rules on Insurer’s Burden of Proof for Defense of Misrepresentation
Most of my blog posts are about hurricanes, roof leaks and fires This week I write about a theft claim submitted under a property insurance policy. American Pepper was a business…
InsureReinsure
UK: Consumer Insurance (Disclosure & Representations) Act 2012: Summary & Commentary
The Consumer Insurance (Disclosure & Representations) Act 2012 received Royal Assent on 8 March 2012 (click here for the text). It's short and tolerably clear, but its effect is wider…
Property Insurance Coverage Law Blog
New York Policyholders Prevail after Insurance Company Alleges Material Misrepresentation
Suffering a fire loss to your home can be devastating. I have listened to policyholders questioned in trial and deposition about these types of claims. Sometimes, insureds have lost everything…
Legal Profession Blog
Not In The Public Interest
The Minnesota Supreme Court imposed an indefinite suspension of no less than two years of an attorney who had engaged in a pattern of misrepresentations, failed to maintain a trust…
Legal Profession Blog
No Misrepresentation For Unkept Promises To Cooperate
An attorney who had previously been reprimanded, censured and suspended for three months has been suspended for one year and until further court order by the New Jersey Supreme Court.The…
InsureReinsure
UK: High Court Upholds Non-invalidation Clauses in Relation to Breaches of Warranty in Insurance Contracts
In The Seashell of Lisson Grove Ltd & Ors v Aviva Insurance & Ors [2011] EWHC 1761 (Comm), Mr Justice Teare decided three preliminary issues in relation to the construction…
Securities Law Prof Blog
New York State Court Throws Out AG’s Case Against Schwab Involving ARS Sales
On Oct. 24, 2011, a New York State Supreme Court (County of New York) Justice dismissed the New York Attorney General's complaint against Charles Schwab & Co. involving the firm's sale of…
Legal Profession Blog
Assistant AG Reprimanded
An Illinois Assistant Attorney General agreed to a reprimand for conduct during the course of litigation involving a condominium. He wanted to view the property at issue.Upon arriving, Respondent looked…