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Concurrent Causes: the Confluence of Covered and Excluded Perils

Whether there is coverage for a loss depends on its cause: did the roof collapse because of snow or wind? Was the plaintiff injured because of the insured’s negligent driving or because of some other act? Insurers issue policies that set out the type of risk they are willing to insure, and exclude those perils…

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Confidentiality Clauses: The “Pinky Promise” With a Backbone

Childhood was simple. You trusted your best friend with confidential information simply by swearing a “pinky promise”. In settlements, a “pinky promise” will rarely do the trick. Instead, a confidentiality clause is a more appropriate tool to stop the parties from sharing confidential information regarding a settlement. But what happens when a confidentiality clause is…

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