| INTERPLAY WITH CONSUMER PROTECTION STATUTES |
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| The Federal Trade Commission Act, as amended, was one of the first laws to protect consumers from unfair and deceptive acts or practices in commerce. Additionally, most states have now adopted either the Uniform Deceptive Trade Practices Act1 or enacted similar statutes that protect consumers and other businesses from unfair and deceptive acts or practices in commerce. These consumer-oriented statutes are typically limited to the sale of goods or services and transactions for personal, family, household, and similar purposes. While there is a variance in these statutes as to what constitutes an unfair and deceptive trade act or practice, the following activities are typically prohibited under all consumer-oriented deceptive trade practice statutes: (1) passing off goods or services as those of another; (2) causing confusion or misunderstanding as to the source or approval of goods or services; (3) falsely representing that goods or services have sponsorship, approval, or benefits that they do not have; (4) disparaging the goods, services or business of another by false or misleading representations; and (5) engaging in any other conduct that creates a likelihood of confusion or of misunderstanding. Federal and state consumer-oriented laws usually allow both business competitors and consumers to sue a business or person that has engaged in a deceptive trade practice. In many states, aggrieved consumers may obtain treble damages and collect attorney's fees. More... |
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| Exclusions in Aviation Insurance Policies |
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| The aviation industry is highly regulated. Exclusions in aviation insurance policies relating to violation of such regulation have raised special issues. More... |
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| Service of Process on Insurer |
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| In order for an insured or any other party to sue an insurer, a court must obtain personal jurisdiction over the insurer. To accomplish this, an insurer must be served with process in a proper manner. There are several methods of serving an insurer. More... |
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| Pleading a Case |
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| If an insured sustains a loss and is denied payment by an insurer under an insurance policy, he may bring an action against the insurer to recover his claimed loss. The insured's complaint may state his cause of action generally and in brief and simple language. Some statutes provide optional methods of pleading. Courts may construe the averments of the complaint liberally. Matters not pleaded are generally waived. More... |
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| Twisting |
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| What is Twisting? More... |
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