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Case Briefs
Policyholder Held Personally Liable After Insurer Becomes Insolvent
In Johnson v. Braddy, the New Jersey Supreme Court, Docket A-5-05 (Feb. 1, 2006), in a per curiam opinion, held that a policyholder was personally liable after its insurer became insolvent. The decision affirmed the Appellate Division's judgment affirming the trial court's denial of defendants' motion for summary judgment. In that case, plaintiff Frederick Johnson was severely injured after defendant Willie Braddy drove his truck into a parked vehicle in which Johnson was seated.
Although at the time of the accident Braddy's employer was insured under a $1 million liability policy and an umbrella policy that provided coverage for any judgment over the $1 million up to $25 million, the insurer became insolvent and was liquidated after the suit was filed. As a result of the liquidation, the New Jersey Property-Liability Insurance Guaranty Act, N.J.S.A. '17:30A-5(f) was triggered. This Act was established 'to minimize financial loss to claimants or policyholders because of the insolvency of an insurer. ' ' N.J.S.A. '17:30A-2(a). The Act created the New Jersey Property-Liability Insurance Guaranty Association ('PLIGA') and covers claims up to $300,000 against an insolvent insurer. N.J.S.A. '17:30A-8(a)(1). The Act, however, is silent as to whether policyholders are personally liable for judgments in excess of $300,000.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.