Sentences with phrase «fair dealing claim»

An insurer's exercise of a contractual right to settle can not form the basis for a negligence or breach of the implied covenant of good faith and fair dealing claim against the insurer; and

Not only did the CCH court frame its analysis in terms of users rights which are to be considered an integral part of the act, they specifically considered and rejected the argument that the availability of a license can be used to defeat a fair dealing claim.

Not exact matches

Korea's Fair Trade Commission (FTC) could soon impose fines on Apple for allegedly requiring local carriers to run ads and fix iPhones at their own expense, The Korea Herald is reporting, citing sources who claim to have knowledge of those deals.

However, a report this morning claimed that while the two clubs may be willing, Financial Fair Play would make it extremely tough for a potential deal.

Vadim Vasilyev, Monaco's vice-president, claims that Arsenal were «really close» to finalising their deal for Thomas Lemar over the summer and there's a «fair chance» the 21 - year - old could leave next year.

Supporters of this approach — who are rumoured to include Northern Powerhouse Minister Andrew Percy — claim it would give Yorkshire the «biggest and best devolution deal in Britain», preserve the county's identity and «brand», be «fair to all», and enable the county to compete nationally and internationally.

So: Never sign contracts requiring you to pay the publisher out of pocket, and if you suspect your publishing deal isn't quite as fair as the publisher claims — don't be afraid to walk away.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

The CBABC has voiced concerns regarding the tribunal's experience in dealing with such claims, its independence from government and the ability of insured persons to go to court to get a «fair and adequate» settlement for injuries.

They claimed they already license the works or could rely on fair dealing for research, private study, and eventually education.

The employee had also claimed additional amounts for aggravated and punitive damages, as Pacific Coast Terminals breached its duty of good faith and fair dealing in the manner of dismissal.

The heart of their cases is the claim that BP breached the implied covenant of good faith and fair dealing and the «open price term» provision of the UCC by selling them wholesale gasoline at prices that were commercially unreasonable and set in bad faith.

YESCO asserts claims for breach of contract, breach of implied covenant of good faith and fair dealing, tortious interference with economic relationships, and trademark in violation of the Lanham Act.

From our experience at Fylde Law in dealing with thousands of personal injury claims from both before and after the introduction of No Win / No Fee Agreements in 1999, it's fair to say that except in the area of Road Traffic Accidents (more on those later), we have noticed very little difference.

We have experience dealing with motorcycle accident insurance claims and dealing with insurance company representatives looking to nickel - and - dime you out of a fair settlement.

Professional Liability Insurance, also known as Directors and Officers Liability, Malpractice Liability, or Errors and Emissions Liability, protects professionals from liability against claims arising from violation of good faith and fair dealing, misrepresentation, negligence, and inaccurate advice as a professional.

Recent cases handled include a multimillion - dollar recovery arising from construction and design claims, a multimillion - dollar recovery relating to professional malpractice, successful defense of a financial institution from multimillion - dollar lender liability claims, successful defense of independent directors from claims of breach of fiduciary duty and related claims, and a multimillion - dollar recovery in the telecommunications industry arising from claims of breach of contract, breach of good faith and fair dealing, and fraud.

Denver personal injury lawyer Andrew Bubb has extensive experience dealing with insurance companies, ensuring that his clients receive the medical care that they need, as well as the full, fair value of their insurance claims.

The claim alleges that Shoppers Drug Mart has breached certain terms of the Associate Agreement, as well as its statutory and common law duty of good faith and fair dealing regarding the operation of the franchise system.

You will need to deal with the insurance claim, law enforcement, and the other driver, and may find that you have difficulty in recovering the fair financial compensation you need for medical care, damage to your vehicle, and more.

Based on these early insights, a culture shift entails slimming down the process such that: (1) litigants obtain access only to the information they actually need to deal fairly with the claim; (2) pre-trial procedures are discouraged; and (3) there is a recognition that perfection is not needed to ensure a fair process.

In SOCAN v Bell, the court had to determine if an online preview of a song could be considered «research» for the purpose of avoiding a claim of copyright infringement under a fair dealing exception.

As the appellants point out, the action is proceeding to trial on the Arthur Wishart Act claims, which include allegations of a breach of the duty of fair dealing and deficient disclosure, the claims in negligence, and for breach of contract.

On appeal, the insured argued its extracontractual claims under chapters 541 and 542 of the Texas Insurance Code and the claim for breach of the duty of good faith and fair dealing were not barred by acceptance of the appraisal award.

Access Copyright recently signed new copyright agreements with the University of Toronto and Western University despite the fact many post-secondary institutions said this past summer that they were walking away from the tariff currently in place with the collective, claiming they already license the works or could rely on fair dealing for research private study and eventually education.

In those businesses where smoking rooms are closed and employees now have to walk outside for their cigarette breaks, employers may have to deal with non-smokers claiming that it is not fair that smokers enjoy more breaks than they do.

If claims are being dealt with in a fair, thoughtful, and reasonable manner, there would naturally be fewer applications for Mediation and Arbitration.

The true value of any insurance policy lies in the payment of a claim, and we will fight the corner of a customer very hard indeed, at the point of claim, and ensure he gets a fair deal from the insurance company.

The formula for successful claim handling for insurers is simple: deal with claims in a speedy manner, pay fair and be friendly.