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Case Briefs
Court Rejects Primary Insurers' Invocation of 'All Sums' Rule When Allocating Loss Among Triggered Policy Years
In Federated Rural Elec. Ins. Exch. v. National Farmers Union Prop. & Cas. Co., 805 N.E.2d 456, 466 (Ind. Ct. App. 2004), the Indiana Court of Appeals held that the “all sums” rule is inapplicable to insurers' allocation of loss among successive primary policies. A policyholder there sought coverage from its primary insurers ' National Farmers Union Property and Casualty Company (“NFU”) and Federated Rural Electric Insurance Exchange (“Federated”) ' when it was sued because its stray electrical voltage allegedly damaged another's dairy cows over an 11-year period.
Both NFU and Federated each provided primary coverage for part of the 11 years. Although NFU's and Federated's policies contain similar “all sums” provisions, occurrence definitions and “other insurance” provisions, only Federated agreed to defend and indemnify the policyholder. Federated then took an assignment of the policyholder's rights and sued NFU for contribution, indemnity and subrogation. While the coverage suit was pending, the Indiana Supreme Court issued its “all sums” ruling (see Allstate Ins. Co. v Dana Corp., 759 N.E.2d 1049 (Ind. 2000)), finding that a policyholder “may elect to seek indemnity from any or all of the policies at risk as to any single occurrence” pursuant to those policies' “all sums” provisions.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?