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Avoiding Affirmation: Preserving Rights Following Misrepresentation

In May 2016, a company called Land Pride gave notice of a liability claim arising from a water breach caused while it was conducting demolition work in a building.  Land Pride was subcontracted for the work to a contractor called G.E.S, who was an Additional Insured under Land Pride’s policy, and who was also the…

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Third Party Costs: Who Pays?

As a general rule, a successful party to litigation will be entitled to costs payable by the unsuccessful party. In cases where there are only plaintiff(s) and defendant(s), costs are relatively straightforward and follow the default rule: the unsuccessful party pays costs of the successful party. The principle behind costs awards is logical: a successful…

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