Surety's rights under the general indemnity agreement

Article Abstract:

The article discusses situations when a surety must decide for itself whether to resist or litigate a claim or make payment because the indemnitors are resisting the claim or refusing to provide collateral. Most of the rulings on a surety's claims against its indemnitors deal with situations when the indemnitors have refused to provide collateral and the surety has paid the claim and sought recovery from the indemnitors.Various court rulings and the surety's rights to extra-contractual damages are covered.

Author: Babcock, Robert A.
Laws, regulations and rules, Suretyship and guaranty, Guarantees, Sureties, Indemnity against liability, Liability indemnity

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Origin and cause investigators as "fire scientists" according to NFPA 921 - effect under Daubert/Carmichael?

Article Abstract:

The article explains the application of the Supreme Court's Daubert v. Merrell Dow Pharmaceuticals and Kumho Tire Co. v. Carmichael rulings in the context of origin and cause investigators of fires.Trial courts are certain to scrutinize carefully the NFPA "scientific method", since the expert's methodology is crucial to determining reliability and admissibility.

Author: Pavlisin, Michael J., Horan, Sheila K.
Standards, Analysis, Testimony, Evidence, Scientific, Scientific evidence (Law), Liability for fire damages, National Fire Protection Association

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Subjects list: United States
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