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Substitution of 'The Sums' or 'Those Sums' for 'All Sums' Does Not Alter the Scope of Coverage
One of the major issues for the past quarter century in the litigation of coverage disputes relating to liability for alleged long-term or latent injury or damage (such as those arising from asbestos bodily injury, environmental property damage, or other mass torts) has been “allocation.” In particular, insurance companies and policyholders have disputed the scope of coverage provided by an “occurrence”-based general liability policy triggered by injury or damage during its policy period, when the same occurrence also caused harm in other policy periods.
Insurance companies typically seek to have the loss prorated over time (under one of a variety of formulae put forth in various cases by the insurance companies), and to impose on the policyholder that portion of the loss that is thereby assigned to periods where the policyholder had no applicable insurance, or where there are other problems with coverage (eg, the carriers for that period are insolvent). See, e.g., N. States Power Co. v. Fid. & Cas. Co., 523 N.W.2d 657, 662-63 (Minn. 1994) (prorating by time on the risk); Owens-Illinois, Inc. v. United Ins. Co., 650 A.2d 974, 994-95 (N.J. 1994) (prorating by time on the risk and policy limits); Uniroyal, Inc. v. Home Ins. Co., 707 F. Supp. 1368, 1393-94 (E.D.N.Y. 1988) (prorating by measure of exposure during policy period); Conductron Corp. v. Am. Employers Ins. Co., Nos. 93-E-149, 93-C-599, slip op. at 19-22 (N.H. Super. Ct. Mar. 4, 1997) (prorating based on a detailed formula); Consol. Edison Co. of N.Y., Inc. v. Allstate Ins. Co., 774 N.E.2d 687, 695 (N.Y. 2002) (discussing different proration formulae invented by courts adopting this approach).
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."