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Allocation: Still An Open Question in Wisconsin
Allocation often is a key issue in insurance coverage cases where courts have found that long-term bodily injury or environmental contamination has taken place over many years. Occurrence-based policies typically provide coverage only for damages from injury taking place during the policy period. In many cases, courts have found it impossible to determine as a matter of fact precisely when injury took place or how much injury took place in any given period. They have thus presumed that injury took place over the entire period ' often a very lengthy period ' during which it may have taken place (eg, from first “exposure” until diagnosis of the injury or discovery of the contamination).
Assuming, therefore, that there have been multiple years of injury, the question arises as to how to allocate damages associated with the bodily injury or property damage. Under a pro rata allocation method, courts have allocated damages equally across all triggered years, regardless of the amount of insurance, if any, in each year. In states where “joint and several liability” has been adopted, courts have allowed the policyholder to “pick and choose” any year in its coverage program to respond to the claim, thus allowing the policyholder to potentially avoid years in which it may have no coverage, not enough coverage, SIRs, insolvencies or settled policies.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.