Imagine for a moment that you recently acquired a piece of undeveloped property. For whatever reason, you intend to improve the property by building a structure or otherwise developing the land. Wanting to do your due diligence and comply with all applicable laws, you hire a consultant of some sort to navigate the often-choppy regulatory… continue reading
Today, nearly half of all states use automated traffic enforcement. In these states, cameras record vehicles as they run red lights or exceed the speed limit, and violation notices are later mailed to the registered owner. The use of cameras for automated traffic enforcement presents numerous legal issues. First, the cameras are subject to highly… continue reading
A license is defined as any “right or permission granted in accordance with law . . . to engage in some business or occupation, to do some act, or to engage in some transaction which but for such license would be unlawful.”1 Generally, business licenses form a relatively benign background to state and local economies…. continue reading
The prisons are full of men and women who profess their innocence despite having been convicted on the weight of the evidence presented by the prosecution. Yet, each year many of those found guilty are exonerated after post-conviction testing of deoxyribonucleic acid (“DNA”) evidence proves that they are innocent. The Pennsylvania Innocence Project reports that… continue reading
Author: Jeffrey W. Stempel One of the fascinating, but disheartening aspects of history is the manner in which some persons or events are continually trumpeted, even if overrated, while others are too quickly forgotten. Everyone knows about Bunker Hill, but the Battle of Saratoga was more important in turning the American Revolution in favor of… continue reading
Author: James Davey The market for residential property insurance is well established within most Western States, and beyond. Within the United Kingdom (“UK”), it is the second largest personal line, behind motor insurance. The two dominant products are buildings insurance and contents insurance, although other forms are now appearing, such as ‘Home Emergency’ cover. In… continue reading
Authors: Michael Childress and Daniel Loucks The insurance industry operated for centuries under certain fundamental principles. An insured, looking to minimize its own risk, looks to purchase an insurance policy. The insurer issues the policy and remains profitable by spreading risks over as large a population as possible. In the event of a loss, the… continue reading
Author: Harold Weston Would having insureds select each coverage for every peril and exposure available result in better insurance selection and better customer satisfaction? In theory, it should, because it will allow insureds to select the coverages they want at the total price they want to pay, and allow both parties to the insurance contract… continue reading
Author: Donald T. Hornstein After a catastrophic weather event (“CAT”), such as a hurricane, there inevitably arise disputes over the cause of property damage, with losses attributable to flooding assigned to policies issued under the National Flood Insurance Program, and losses attributable to wind assigned to policies issued by private insurers and/or by various state-based… continue reading
Author: Jay M. Feinman Consider two potential paradoxes about the breadth and limits of insurance, one in property insurance and one under the Commercial General Liability (“CGL”) policy. Most homeowners have only the vaguest sense of the extent of coverage provided by their homeowners’ insurance policy, particularly the breadth of coverage it provides. Using as… continue reading
