Insurable Losses

Question 1

Prepare a memorandum to Mr. Steady outlining potential legal risks presented to Big Box in connection with Mr. Eager’s proposal to sell firearms.Your memorandum should identify and provide at least a one-paragraph description of at least five (5) legal issues and one (1) ethical issue presented by Mr. Eager’s proposal.The legal risks identified may be from any area of law (public, private, regulatory, tort, contract, real estate, etc.) whether these areas have yet been covered in class or not.Your memorandum should conclude with a clear recommendation from the Legal Department as to whether Big Box should or should not proceed with Mr. Eager’s proposal.

You are also not required to apply the law of any particular state, merely general legal principles.

Question 2

Prepare a memorandum of no less than three pages and no more than five pages to “file” addressing the following:

oA summary of the relevant facts for purposes of coverage determination.

oA discussion of all insurable losses sustained regardless of whether the loss is covered by the policy

oA determination of whether each loss is covered by the policy including an application of the relevant facts to the relevant policy provisions that justify the determination (don’t forget to consider exclusions and conditions)

oA determination of whether there is a duty to defend under the policy including an application of the relevant facts to the relevant policy provisions that justify the determination (don’t forget to consider exclusions and conditions)