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Willoughby, Stuart & Bening Published Articles

"Strategies For Avoiding California's Prop 65 Trap "

Published: Law 360 Product Liability, Environmental, California

By George W. Dowell 

You receive an email from a client asking "What's this, and what do we do next?" and an attachment entitled "60 Day Notice of Violation." Uh-oh, your client has just received a 60-Day Notice of Violation of California's Proposition 65 - a consumer warning statute instituted 25 years ago and a bear trap to nearly every business in the state. There is no substitute for knowing the technical workings of the statute, but understanding how these cases resolve and how to avoid common mistakes can make the difference between getting a toe trapped, or an entire leg. Click here to read the full article.

"The 'Letter Perfect' Policy Limit Demand Letter"

Published: Plaintiff Magazine, March 2011

By Ronald J. Cook

Insurance companies, like all companies, make business decisions which will save them the most money. But what if their decision is preventing the plaintiff from receiving maximum recovery within the limit of the defendant's policy? When an insurer refuses to disclose the policy limit amount, how can plaintiffs' attorneys ascertain the information, and then efficiently settle the claim in the best interest of the client? Writing an effective demand letter can lead to a faster, better settlement or make it easier to "open up" defendant's policy limits. Click here to read the full article.

"Determining the True Policy Limits for a Policy-limits Demand"

Published: Plaintiff Magazine, April 2011

By Alexander F. Stuart

This article addresses the limits of liability, employing five examples to demonstrate how determining the amount of coverage can be a complicated and challenging endeavor. Click here to read the full article.

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