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Case Briefs
New Jersey Supreme Court Rules Shooting Injuries Are Covered Under Homeowner's Policy
The New Jersey Supreme Court, in an evenly split decision, ruled that a homeowner's insurance policy did not exclude coverage for personal injury caused by a teen's firing of a BB gun. In Cumberland Mutual Fire Insurance Company v. Murphy, the policyholders' son shot BBs at passing cars from a raised wooden platform approximately 25 yards from the road. Not only was visibility poor on that dark and moonless night, but it also was sleeting. One of the BBs pierced the plastic window of a soft-top jeep, blinding the driver. Id. at 344-46, 873 A.2d at 534-36. The teen admitted he was trying to “ding” cars, which he knew was wrong. But, he claimed that he never intended to hurt anyone or thought that he could shoot into a car. He said that he was just “hav[ing] fun with [his] friends.” Id.
The state filed a delinquency petition against the teen, and the teen admitted to aggravated assault with a civil reservation that prevented use of his admission in future proceedings. Id. at 346, 873 A.2d at 536. When the driver sued the teen and his parents, they sought coverage from their homeowner's insurer, Cumberland Mutual Fire Insurance Company (“Cumberland”). The insurer denied coverage, citing exclusions in its policy for “willful harm,” “knowing endangerment” and “knowing violation of a penal law.” Cumberland also filed a declaratory judgment action seeking to confirm its non-coverage position. Id. at 346-47, 873 A.2d at 536.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.