Getting and using insurance to defend claims

Article Abstract:

Counsel who represent franchises and franchisors should tender claims to liability insurance companies whenever appropriate. A review of all of a client's insurance policies will indicate if both actual or potential insurance coverage is available and should be tendered for defending a claim. Counsel should tender the matter quickly and in writing, follow up with the insurer until a defense commitment or denial is received, and then proceed upon receiving a commitment to defend from the insurance carrier. Alternative procedures are available if the insurer refuses to defend.

Property & Liability Insurance, Direct Property and Casualty Insurance Carriers, Other Justice, Public Order, and Safety Activities, Surety insurance, Franchise Law, Interpretation and construction, Cases, Property and casualty insurance, Commercial law, Liability insurance, Insurance policies

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Interviewing the prospective franchisor - a checklist

Article Abstract:

Attorneys can be of great assistance to clients considering becoming franchisors. Beyond helping the franchisor comply with the law, attorneys can help their clients achieve a better understanding of what they can expect as franchisors. Some issues that should be discussed at the outset are possible conflicts of interest, client's resources, business and market considerations, long and short-term planning and contractual obligations.

Analysis, Business enterprises, Practice of law, Attorney and client

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Franchisor liability for the criminal acts of others

Article Abstract:

Case law tends toward rejecting liability on the part of franchisors for crimes committed on franchise premises. There is no way for them to foresee and keep all criminal acts from happening. Franchisors should not be afraid to advise their franchisees on the taking of security measures in spite of the fear of later being accused of voluntarily assuming a duty to guarantee safety. Relevant cases are discussed.

Employer liability, Agency (Law)

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