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Personal Injury Coverage: A Historical Perspective: The Duty to Defend False, Fraudulent, and Frivolous Claims
During recent years, personal and advertising injury coverage has been the subject of many court decisions. Often those decisions have involved questions of coverage for copyright infringement under the 'advertising injury' prong of the coverage. However, there has been a wide range of cases involving issues under the 'personal injury' prong of the coverage. In many of these cases, courts have focused on the current wording of the language, without reference to the historical background of the personal injury provisions. That background demonstrates the breadth of the coverage.
The History of Personal Injury Coverage
In 1966, the concept of 'personal injury' was added to the coverage traditionally provided for 'bodily injury' and 'property damage.' See D. Farbstein & F. Stillman, Insurance for the Commission of Intentional Torts, 20 Hastings L.J. 1219 (1969) [hereinafter 'D. Farbstein & F. Stillman']. Before then, personal injury coverage was not provided on a standard form basis. As was explained in a Fire Casualty & Surety bulletin in 1968:
Coverage of liability for libel, slander, false arrest, detention, malicious prosecution, invasion of privacy, etc. has been written for many years under non-standard forms. … [D]ifferences in coverage and policy provisions are becoming less common. These latter endorsements have even established the quasi-official title of 'Personal Injury Liability' insurance for this type of coverage. Fire Casualty & Surety Bulletin, Personal Injury Liability Coverage, at Public Liability p. i-1 (second printing, May 1968).
See D. Farbstein & F. Stillman, at 1238 ('The new forms of coverage … were not invented overnight. The new development consists, rather, of a trend toward the standardization of policy forms and the availability of such coverage to commercial enterprises.').
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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?