Deborah Trotter

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Roads to Exhaustion

Since Superstorm Sandy, many of our New Jersey condominium associations clients and others are working closely with their brokers these days to review the terms of attachment for their excess insurance coverage policies. The current trend we see in the trigger language for excess insurance policies is designed to circumvent the established majority rule1 first … Continue Reading

The Voluntary Payment Doctrine: No Takebacks!

The principle that once you give something, you can’t ask for it back has been deeply ingrained since childhood. It is born from the idea that when you give, you give freely and without obligation. Like many playground rules, the principle has worked its way into law. The Voluntary Payment Doctrine (VPD) made its first … Continue Reading

When Words Allide, Plain Meaning Wins

Navigating the Mighty Mississippi and the English language have quite a bit in common. Sometimes it takes a lot of skill and creativity to get where you want to go. Due to a recent dispute in Continental Insurance Co. v. L&L Marine Transportation, Inc.,1 regarding the meaning of the undefined policy term “tow” and the … Continue Reading

Flood Related Deadlines Nearing for Louisiana 2016 Mid-Summer Severe Storms: Proof of Loss Deadline v. Lawsuit Deadline

Beginning on August 9, 2016 and lasting through August 31, 2016, numerous parishes in Southeast Louisiana1 experienced prolonged, torrential rainfall and flooding. By the end of the days-long Great Flood event of 2016, several states were included in disaster declarations due to the same weather system. Though flooding to this extent is usually associated with … Continue Reading
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