Friday, June 5, 2009

CONTRACT SERVICES - "Intentional Acts Exclusion" Clause in an Insurance Policy:

In deciding whether a homeowner’s insurance policy provides coverage to homeowners who are sued in connection with sexual assaults committed by their son, the New Jersey Supreme Court has held that the homeowner’s policy language excludes coverage for the damages committed by their son.

Addressing the policy language of intentional acts exclusion clause, the Supreme Court infers that “‘an insured’ is synonymous with ‘any insured’, and therefore the acts of one insured person are sufficient to disqualify other insured persons from coverage.”

The complete text can be accessed from the link below:
http://www.lawppl.com/docs/8-08/Villav.Short.pdf

Thursday, June 4, 2009

CONTRACT SERVICES - Changing Contract Terms Online:

Since the emergence of e-commerce, many experts have been wrestling with the question of how companies service its customers online. Under an on-line contract, companies often unilaterally or arbitrarily changes the terms by simply posting the changes to its website, without necessarily notifying its customers. This practice is contrary to the contract laws where such unilateral changes are invalid without the consent of the other party thereto.

In a significant development, a US federal appeals court has ruled against companies posting revised terms to its website without notifying the customers. “This is because a revised contract is merely an offer and does not bind the parties until it is accepted.”

Full text of this case is available to the following link:

http://pub.bna.com/eclr/0675424_071807.pdf