“A well known name in these pages will appear here again. It’s Gabay, but this time the first name is Sari. Don and Vicki’s daughter is an up and coming attorney in the insurance field who has a veteran’s command of select areas of law affecting our readers.”
“You are asked by a policyholder to obtain a certificate of liability insurance, which evidences the fact that an insurance policy has been written. You may even be asked to designate another party as an additional insured. In your capacity as broker or agent, you issue the certificate. But, then the certificate holder suffers a loss, submits a claim to the insurance company, and learns that it is not actually covered under the policy as an additional insured. You are now a defendant in a lawsuit for, among other things, failing to adequately procure insurance.”
“Have you ever heard of the Statute of Frauds? It refers to a section of New York law that requires certain types of agreements to be in writing. The name comes from an old English law enacted to prevent fraud and abuse.”
Westview, May 2007
“New York Courts typically disfavor non-competition agreements because they restrict a person’s ability to earn a living.”
“Sari and I were open to asking the questions because we had the benefit of perspective.”