Foisy V Royal Maccabees Life Insurance Company

The videotape showed Dasey and others apparently smoking marijuana. The separate employment settlement between the 2. Babcock seems to argue that this fiduciary responsibility of loyalty arises instantly out of the stockholders’ agreement. Balles gave several conflicting explanations as to how the photographs of the feminine subordinate ended up on his Babcock-issued laptop laptop, none of which was credited by the trial decide.

Balles joined the conglomerate that may turn into Babcock Power Inc. in 2001, when he grew to become the senior vice-president of technology development for Babcock Borsig Power, Inc. . In 2002, Borsig combined with a quantity of different affiliated firms to type a new entity, Babcock. And the danger of a sexual harassment lawsuit brought on by Balles’s conduct. The Supreme Judicial Court granted an software for direct appellate review.

As famous in the textual content, supra at, the critical query in any case by which the interpretation of an agreement that survives the judgment of divorce in entire or partly is the intent of the parties, decided by examining the agreement as a complete. See DeCristofaro v. DeCristofaro, 24 Mass.App.Ct. In this case, we conclude that the omission of any reference to “future” alimony, within the context of the settlement as a whole, creates an ambiguity as to the intent of the events, and thus summary judgment was not appropriate.

In insurance coverage trade parlance, Foisy believed she had bought a “certain and continuous” annuity whereas Maccabees maintained the policy was a “certain only” annuity. A certain and steady annuity offers a minimal number of guaranteed funds, no matter whether or not the annuitant dies before the minimum payments are full. If the annuitant outlives the assured minimum, payments will proceed for all times, ending upon the death of the annuitant.

Without such a rule, both the owner and the tenant would need to purchase fireplace insurance coverage coverage for a similar insurable curiosity, leading to a waste of economic sources. Further, if subrogation had been permitted, a tenant in a multi-unit constructing would wish to carry liability insurance coverage in an amount sufficient to cowl the worth of the entire constructing, regardless of the portion of the constructing occupied by the tenant. Courts have also noted that insurance companies might adjust premiums to take into account that the property might be leased to tenants and that the tenant successfully pays a portion of the policy’s premiums by way of hire.

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Years of litigation adopted, with Balles in search of declaratory reduction to the effect that the inventory be returned to him, along with the withheld dividends. Babcock responded with counterclaims on various grounds. Following a bifurcated trial, a Superior Court jury rejected Babcock’s counterclaims, and although suits season 5 putlockers Balles prevailed at a jury-waived trial on his claim for declaratory aid, a portion of his prior salary was subjected to equitable forfeiture and he was unsuccessful in his bid to receive severance pay.

Second, it argues that the decide erred in figuring out that Balles’s conduct didn’t constitute “cause” under clauses and of the definition of that time period in part 1 of the stockholders’ settlement. Third, it maintains that Balles committed a cloth breach of the stockholders’ agreement and therefore can not recover under it. Except for the nature of the respective enterprise operations of Arch Resources and SeaCo, and further except for SeaCo’s obligations pursuant to its plan of reorganization, these facts and representations are substantially similar to the information and representations set forth by Arch Resources in this Application. Similar to Arch Resources on this Application, SeaCo in the end asserted that its history of operations, public representations, officer and director actions, assets, and revenue sources were in preserving with an operating firm that’s primarily engaged in a business apart from that of investing, reinvesting, owning, holding or trading in securities. Except for the character of the respective business operations of Arch Resources and ACS Wireless, these facts and representations are substantially much like the information and representations set forth by Arch Resources on this Application.