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How a NY Contractor Was Bilked Out of Its Fees for "Extra Work"This case is an object lesson in what can happen when you fail to memorialize your change work orders in writing, explains Jonathan Cooper
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Bad Law Forces Court to Deny Insured Recovery of Legal Fees in Coverage DisputeDespite a clear finding that the insurer had wrongly disclaimed coverage, the trial court's hands were tied by a bad law that disallowed recovery of legal fees
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NY Court: E-Mail Alone Constitutes Valid Written AgreementSurprising as it may sound, there are times that an email alone can be considered enough to prove the parties had an agreement - at least under NY law
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Why "Merely Speculative" Damages Means You Lose in CourtThere are certain basic things you need to prove to win a breach of contract claim, and it can't be guesswork or just wishful thinking, says Jonathan Cooper
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NY Court: Financial Advisors Aren't ProfessionalsWhile financial advisors might take offense at being told they aren't "professionals," they shouldn't. It means they face far less liability to being sued
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The Single, Best Way to Protect Your Broker's CommissionsIf you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, here's your roadmap.
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Bad Faith Found, Allstate Liable for Consequential DamagesI found myself cheering when the Westchester County trial court hit Allstate for its bad faith refusal to honor this signfiicant, and righteous insurance claim
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The Most Important Factor You Need in Order to Prove Waiver as a DefenseThere is one clearly important factor to establish before a court will even consider waiver as a defense, says NY breach of contract attorney Jonathan Cooper
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Different Ways an Insurance Broker Can Be Held Liable in Negligence Under NY LawThere are some circumstances where an insurance broker can be held on the hook when your insurer doesn't own up, explains Jonathan Cooper
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When the Other Side Signals it Will - But Hasn't Yet - Breached Your ContractYou may not have to wait until the breach of your contract is final before taking steps to protect yourself, explains NY contract breach lawyer Jonathan Cooper.
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Co. Lies About Discovery, Gets Caught; and Gets Hit for $2MMLet there be no mistake: if you're lying in order to stonewall your adversary, and it's obvious to a Federal Judge, you do so at your own peril.
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How Buyer's Mistake Allowed Seller to Keep Downpayment in NYAn avoidable mistake allowed a seller to keep the buyer's downpayment as damages, explains NY breach of contract lawyer Jonathan Cooper