First, a policyholder should note that the cases an insurer may cite to support its position all flow from a 1992 decision where the court held that Section 533 would preclude
coverage for a wrongful termination claim only "in the absence of any contrary provisions in the policy." Thus, Section 533 does not preclude
coverage where an EPLI policy expressly provides coverage for wrongful termination or retaliation claims.
In Cobb, the Supreme Court found that the Sixth Amendment right to counsel did not preclude
officers from questioning a suspect who had previously invoked his Sixth Amendment right to counsel on a burglary charge about a murder that occurred during the charged burglary.
The task force also agreed that representation and warranty provisions, if not significant, do not preclude
sales treatment because these are normal contract requirements that relate to the conformity with agreed-upon standards, rather than the risks and rewards of ownership, and typically assert that loans are properly underwritten and free of defects.
* The expenditures must reduce or preclude
environmental contamination that has yet to happen, and that otherwise may result from future operations or activities.
Certain business activities, if they comprise the taxpayer's principal business activity, will preclude
the taxpayer from using the new rules.
The former section is intended to provide a device to monitor and preclude
potentially abusive and evasive transfers to foreign trusts -- i.e., to preclude
transactions whose principal effect is to remove assets or income from Canada's taxing jurisdiction.
Holding that it did not, a majority of the Court concluded that an invocation of the sixth amendment right to counsel, which is crime-specific, did not preclude
government attempts to conduct subsequent custodial interrogations on unrelated topics.(16) Responding to the dissent's criticism that the holding could be circumvented by an explicit invocation of Miranda rights at a preliminary hearing, the Court made the following statement:
The first line of defense against consultant liability claims is adherence to practice fundamentals, which can preclude
or resolve claims before they are made.
This week's action comes as Congress is about to consider two bills that would preclude
the issuing of patents on higher animals.
Licking its wounds, the IRS next urged that foreign law certainly could not preclude
section 482 adjustments.(2) In Procter & Gamble, the Tax Court handed the IRS yet another defeat in the IRS's attempts at damage control.
The EITF concluded an unsecured guarantee of the lease payments of one member of a consolidated group by another member of the consolidated group is not a form of continuing involvement that precludes
sale-leaseback accounting under Statement no.
98, Accounting for Leases, et al., precludes
using sale-leaseback accounting if the transaction includes any form of continuing involvement other than a normal leaseback.
The IRS's current position, as set forth in a third TAM,(3) is that the Tax Court's decision in National Starch precludes
the deductibility of costs incident to resisting a takeover attempt.
However, the default status precludes
the benefit of Sec.
In addition, the Employee Retirement Income Security Act, which regulates retirement plans adopted or administered by employers, precludes
discharge to deny an employee's vested pension rights or the opportunity to become vested.