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Asbestos-Related Injury Is Not a 'Bodily Injury By Accident'
In its recent decision in Riverwood International Corp. v. Employers Insurance of Wausau, No. 04-30608, 2005 WL 1840057 (5th Cir. Aug. 4, 2005), the Fifth Circuit affirmed an award of summary judgment in favor of an insurer, holding that asbestos-related injury is not a “bodily injury by accident.”
Riverwood involved a coverage dispute between Graphic Packaging International, Inc., formerly known as Riverwood International Corp. (“Riverwood”), and its insurer, Employers Insurance of Wausau (“Wausau”), which provided workers' compensation and employers' liability insurance to Riverwood from May 1974 to January 1984. The policies provided coverage for claims involving both “bodily injury by accident” and “bodily injury by disease,” and stated that “[t]he contraction of disease is not an accident within the meaning of the word 'accident' in the term 'bodily injury by accident' and only such disease as results directly from a bodily injury by accident is included within the term 'bodily injury by accident.'” Riverwood, 2005 WL 1840057, at *3. The policies further provided that “the term 'bodily injury by disease' includes only such disease as is not included within the term 'bodily injury by accident.'” Id.
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.
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.
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.
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.