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Case Briefs
Scope of Coverage Available to Asbestos Installer: 'Aggregate Limits'
The U.S. Court of Appeals for the Fourth Circuit, applying Maryland law, issued a major ruling on Oct. 6, 2004 addressing the scope of available asbestos-related insurance coverage. In re Wallace & Gale Co., No. 02-2389 (4th Cir. Oct. 6, 2004). The court ruled that the aggregate limits for products-completed operations hazards apply to limit the coverage available for bodily injury claims against an asbestos installer. It also ruled that liabilities must be allocated over all periods during which bodily injury occurred, including “periods for which there is no insurance in force or for which there is no coverage by an insurance policy which is in force.”
This decision holds that insurance policy aggregate limits for products-completed operations hazards are applicable to claims for asbestos-related bodily injuries against a policyholder that was an insulator, where coverage is sought for injury that takes place or continues during policies issued after the policyholder's operations were completed. Specifically, the federal appellate court adopted the federal district court's holding that: if initial exposure is shown to have occurred after operations were concluded or if exposure that began during operations continued after operations were complete, then the aggregate limits of any policy that came into effect after operations were complete will apply.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.