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Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance Coverage
Liability insurance policies apply where the insured is liable for bodily injury, property damage, or wrongful acts (depending on the policy). What happens, however, when the policyholder denies that any injury or wrongdoing took place? Does that mean that insurance is not applicable?
Perhaps the most pointed illustration concerns Dow Corning, which denied that its breast implants caused injury but entered into a major settlement. In its coverage case, its insurers turned around and argued that, because the policies apply to “injury” and because Dow Corning denied there was “injury,” the insurers had no obligation (or technically that their policies had not been triggered). The court made short work of this argument:
[I]f an underlying plaintiff alleges that she suffered injuries caused by a Dow Corning breast implant … [and] Dow Corning settles claims on the basis of those allegations, defendants must indemnify Dow Corning based on those allegations. This conclusion is not based on a theory of res judicata or collateral estoppel, or law of the case. Rather, it is based on a plain reading of the policy language. Dow Corning Corp. v. Continental Cas. Co., 1999 WL 33435067 at *5 (Mich. App. Oct. 12, 1999).
As the court aptly put it, “the question in this insurance dispute is not 'what really happened?' Instead, the question is … 'what did Dow Corning fear a judge or jury might believe happened?'” Id. at *5 n.8.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."