Subrogation arises in equity to ensure the payment of a debt by the one who in justice, equity, and good conscious should ultimately pay. There are two general grounds affording an insurer the right to subrogate a claim. Subrogation arises in equity to ensure the payment of a debt by the one who in justice, equity, and good conscious should ultimately pay. There are two general grounds affording an insurer the right to subrogate a claim. First, there is the “conventional” right of subrogation, which arises under contract between the parties. Second, there is the “legal” right of subrogation, ... Continue Reading
Odds Are, It’s Not “Your” Closing Attorney
In a standard residential real estate purchase transaction, there are generally six (6) separate contracts in play...1. INTRODUCTION In a standard residential real estate purchase transaction, there are generally six (6) separate contracts in play: (1) the Purchase and Sale Agreement; (2) the buyer’s contract with the lender; (3) the seller’s contract with listing broker; (4) the buyer’s contract with selling broker; (5) the commission agreement between listing broker and selling broker; and (6) the real estate agents’ independent contractor ... Continue Reading
Employer Alert: The EEOC Is Targeting Leave Policies That Violate The ADA
With the passage of the Americans With Disabilities Amendment Act of 2008 ("ADAA"), which expanded coverage of the Americans With Disabilities Act ("ADA" or the "Act"), the federal government has made no secret of the fact that they are ramping up enforcement of the ADA. With the passage of the Americans With Disabilities Amendment Act of 2008 (“ADAA”), which expanded coverage of the Americans With Disabilities Act (“ADA” or the “Act”), the federal government has made no secret of the fact that they are ramping up enforcement of the ADA. Now more than ever, employers must carefully consider how they ... Continue Reading