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Special Report on

Apparent Authority And Estoppel

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What is the difference between your case with the secretary acting in an agent capacity and an adjuster acting in a claims settlement capacity for the insurer? Are the sales agent's actions more binding than the claims adjusters’ actions? I realize there are two topics here, but it would be very informative if you could enlighten the subscribers as to who may become an "agent" of the insurer during a claim, when estoppel applies, to whom it applies and if there is any case law on this issue. First, let me say that there is generally not any significant difference between the ability of a claims adjuster and a sales ...
to create a legal relationship with a Third Party. Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him and third parties into contractual relationship. This branch of law separates and regulates the relationships between: Agents and Principals; Agents and the Third Parties with whom they deal on their Principals' behalf; and Principals and the Third Parties when the Agents purport to deal on their ...
Apparent Authority: Is It What It Seems?
Before your business ships materials to a construction site, you insist that the subcontractor execute an agreement that all payments from the general contractor to the subcontractor be in the form of a joint check with your company as joint payee. After the general contractor and the subcontractor execute this joint check agreement, you begin shipping materials. When the subcontractor disappears with an outstanding balance on the account, you notice for the first time that the few payments you received were from the subcontractor and not joint checks issued by the general contractor. A call to the general contractor reveals ... market research, surveys and trends
Business Law Prof Blog: A Teaching Case: Proper Assignment and the ...
that may just find its way into my Business Associations I course in the fall. The case is reasonably short, covers several key agency issues, raises some great practice points, and provides good opportunities to discuss advising clients. I also like the fact that the district court, appellate court, and Supreme Court each have different views of the case.  The basics of the case are as follows: Links' golf professional, who was responsible for "day-to-day operations," signed a $19,000 lease for a beverage cart with a company called C and J Leasing Corporation (Leasing Corp.). Frontier claimed the lease had been ... market research, surveys and trends


Equitable estoppel and laches under Washington Securities Act
File Date: 04/11/2005                           109 P.3d 875 SOURCE OF APPEAL Appeal from Superior Court of King County Docket No:      00-2-27509-9 Judgment or order under review Date filed:         01/03/2002 Judge signing:  Hon. Suzanne M Barnett JUDGES Authored by Mary Kay Becker Concurring:       Anne Ellington Ronald Cox COUNSEL OF RECORD Counsel for Appellant/Cross-Respondent Mark Stevens Clark industry trends, business articles and survey research
PRIME MEDICA ASSOCIATES, Appellee vs. VALLEY FORGE INSURANCE COMPANY, T/A D/B/A AND/OR A/K/A CONTINENTAL CASUALTY COMPANY AND/OR CNA, Appellant; PRIME MEDICA ASSOCIATES, Appellant vs. VALLEY FORGE INSURANCE COMPANY, T/A D/B/A AND/OR A/K/A CONTINENTAL CASUALTY COMPANY AND/OR CNA, Appellee No. 3279 EDA 2006, No. 3331 EDA 2006 SUPERIOR COURT OF PENNSYLVANIA 2009 PA Super 39; 970 A.2d 1149; 2009 Pa. Super. LEXIS 48 January 8, 2008, Argued March 5, 2009, Filed SUBSEQUENT HISTORY:   Appeal denied by Prime Medica Assocs. v. Valley Forge Ins. Co., 2010 Pa. LEXIS 244 (Pa., Feb. 23, 2010) PRIOR HISTORY:    [*1]  industry trends, business articles and survey research
Porter Wright Morris & Arthur, LLP, James B. Hadden, and Anthony R. McClure; Weinstock & Scavo, P.C., and Anthony Polvino, for appellee. BRYANT, J. {¶1} Petitioner-appellant, Philip J. Charvat, appeals from a judgment of the Franklin County Court of Common Pleas granting the motion to dismiss of respondent-appellee, GVN Michigan, Inc. Petitioner assigns a single error: THE TRIAL COURT ERRED BY DISMISSING APPELLANT'S PETITION IN DISCOVERY BASED UPON ITS FINDING THAT APPELLANT'S UNDERLYING CLAIMS ARE BARRED BY RES JUDICATA. Because the allegations of petitioner's complaint fail to establish the element of ... market trends, news research and surveys resources
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Kathleen A. McKenna and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent. LEVY, Acting P.J. During the early morning hours of May 6, 2004, appellant Ulisces Aguilar acted as the lookout while Miguel Ontiveros Cisneros fatally shot to death Everado Marquez while Marquez was sleeping. The murder weapon was found in appellant's home. At the time of the murder, appellant was a member of the Surenos, a criminal street gang. Marquez was a member of the ... market trends, news research and surveys resources


Agency and Partnership
248: Difference btween apparent authority and estoppel: A person who is not ... The line between apparent authority and estoppel is not all that clear and ... technology research, surveys study and trend statistics
Print Friendly - Nebraska Legislature - Home
(a) If an accepted payment order is not, under section 4A-202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to section 4A-202(b), the following rules apply: (1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order. (2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person (i) entrusted at any time with duties to act for the customer with respect to ... technology research, surveys study and trend statistics
Apparent Authority - Vinsko v. ITT Educ. Services, Inc. Not ...
Apparent and Ostensible Authority. *4 [4] Regardless of the term used, apparent authority is based upon the doctrine of estoppel. Baptist Mem'l Hosp. ...
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How do I cite company internal presentations and printouts in my ...
I suggest that first, you make sure that you have a signoff to use each and every one, listed specifically, by the company legal department. Unless you can also find it in a public document, the use of proprietary documents can cause you nothing but trouble if you do not have this legal release. Even if you find it on the net, legally posted and free for public consumption, you might get into some hot water. The downside to asking is that they (some pezzanovante) may want to 'reserve the right of approval', which would be an anathema to academic freedom. If the company (or an officer) knew about your research, ...
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Law covering the establishment, administration of contracts (legally enforceable agreements), the rights and obligations of those entering into contracts, the validity of contracts and disputes over contracts. Total questions 4800 ID1288520861 asked Why put a contract in writing and said it was the same as When does a contract have to be in writing 11 Jul 2010 01:27 ID1375834328 asked What is the difference between invalid and void contracts and said it was the same as What is the difference between void and illegal contracts 10 Jul 2010 06:28 See more activity Top Contributors this month Violet Petran Bob811 Iwantyouinmypants ...