Can an insurance broker be liable for breach of fiduciary duty and negligent misrepresentation? Stated differently, can an insurance broker be liable for these claims even if the insurance broker has been found not to be liable for the negligent failure to procure insurance? Well, a recent appellate...

Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and...

When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate.  Or it may be the statutory rate.  That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be...

Waiver and estoppel do not create insurance coverage where coverage does not exist. In other words, raising that an insurer waived or should be estopped from arguing a coverage exclusion does not create insurance coverage because coverage never existed. (Notably, this is different from a forfeiture argument which...