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April 2022
Welcome to readers of Making the Connection
In this issue, you will find: 
  • In Focus : Conflict Resolution Lessons from Belfast
  • Question of the Month, answering a reader's inquiry about toxic customers
  • Case on Point, discussing when an insurer can rescind a policy
  • At the Podium, listing my speaking engagements and public appearances
  • Client Corner, spotlighting client events and announcements
In Focus
Conflict Resolution Lessons from Belfast
I recently had the pleasure of watching Belfast, the Academy Award winning film depicting the struggles of a Protestant family living in a religiously integrated neighborhood in Belfast during the unrest in Northern Ireland. Despite the violence instigated by Protestant gangs seeking to force Catholic families to leave the neighborhood and the economic challenges presented by high unemployment and lack of opportunity, the mother of the family is reluctant to relocate. She expresses reluctance to leave family and friends, and is afraid of being an outsider. Her husband, who works during the week in England, displays wonderful negotiation skills in ultimately persuading her to move the family there by:
  • Showing love for his wife and children throughout the conflict;
  • Demonstrating patience, letting his wife change her mind at her own pace;
  • Validating the significance of what she values and would be giving up to move;
  • Focusing on their common interests in economic security, physical safety, preservation of their marriage, and reunification of the family; and
  • Reality testing her assertions that she can protect their children amidst the rising violence and unrest.

Question of the Month
This feature answers a reader's question. Please submit proposed questions to lisa@lisapom.com.
This month's question was inspired by a recent client discussion.
Q: How does one avoid dealing with toxic clients?

A: Toxic clients are often more trouble than they are worth.  They are unpleasant to deal with, reject sound advice, are not easily satisfied, and nickel and dime their vendors. An internet search may disclose warning signs such as a history of  disputes and litigation with vendors, customers, business partners and employees.  They may be unable or reluctant to provide credit references. Although such clients may be on good behavior during initial discussions, there may be red flags such as disrespectful or aggressive language, the use of vulgarity, an air of entitlement, or an unwillingness to consider things from multiple perspectives.
Case On Point
In this month's case, the court discusses an insurer's right to rescind a policy.
Nabatov v. Union Mutual Fire Company
(N.Y. App. Div., 2d Dept. 2022)

Plaintiff, the owner of two apartment buildings, applied for and obtained a commercial insurance policy.  On the application, plaintiff denied the existence of a swimming pool. When an inspection of the property disclosed the existence of a pool, the insurer rescinded the policy, stating it did not insure such risks. When the insured informed the insurer the pool had been removed, the policy was reinstated.

A fire damaged the property and plaintiff submitted a claim.  The insurer denied coverage on the grounds that the policy was obtained through fraud and should be deemed void. The Appellate Division agreed, holding that a material misrepresentation on an insurance policy application justified the policy's rescission, whether the misrepresentation was intentional or innocent.  A misrepresentation would be considered material if the insurer can show it would not have issued the policy if it had known the truth.  Here, the insurer had actually informed the insured that its practice was not to insure properties having pools.

At the Podium
This is a listing of speaking engagements, workshops, events and other public appearances. At the Podium events are listed on the calendar page of my website. A listing of available presentations and workshops is also posted.   To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.    
  • On March 18-19, 2022, I  was proud to have coached the Touro Law School Mediation Team, consisting of Tiffany Lacy, Shahzadi Raza, Stephanie Stephenson and alternate Christina Taparata, which made the finals of the New York State Bar Association Mediation CompetitionWhile there were many talented teams, the team distinguished itself through exemplary preparation, dedication, consistency and professionalism.

  • Join me on on May 19, 2022 at 9a.m. for a webinar sponsored by the Stony Brook Small Business Development Center on Good Contracts - -  More Than Just a Handshake. Click here for registration.

  • I am scheduled to speak at the International Arbitration Symposium sponsored by the Center for International Legal Studies and to be held in Salzburg, Austria from June 2-5, 2022 and at the Mediation Monday Symposium on June 6, 2022 at the same venue. 

Client Corner
Client Corner features client announcements and events of potential interest to readers.  Some Client Corner events are also listed on the calendar page of my website.    

  • On April 14, 2022, Moxxie Network will have a Midday with Moxxie luncheon from 12:30 to 2:00 pm at Oniro Taverna in Woodbury. Click here for information and registration. 

  • Moxxie Mentoring Foundation is now recruiting women in transition for its
     free, 10-week online program called Moving On with Moxxie beginning May 10, 2022.
    Click here for information and application.

80 Orville Drive, Suite 100 | Bohemia, NY 11716
© 2022, Lisa Renee Pomerantz. All rights reserved.

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