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Case Briefs
Louisiana's VPL Does Not Apply to Total Losses Caused By Non-Covered Flood
In the realm of Louisiana hurricane-related insurance litigation, two federal district courts have recently held that Louisiana's Valued Policy Law, LA R.S. 22:695 ('VPL') does not apply to claims for total losses of the insured properties where such total losses were proximately caused, in part, by a non-covered peril, ie, flood.
In Turk v. Louisiana Citizens Property Insurance Corporation, et al, No. 06-144 (slip op.) (W.D. La. June 7, 2006), 2006 WL 1635677 (Haik, C.J.), several named plaintiffs brought a putative class action on behalf of homeowners who suffered losses due to Hurricane Rita. The plaintiffs held homeowner's insurance policies issued by State Farm Fire and Casualty Company ('State Farm') and Louisiana Citizens Property Insurance Company ('Louisiana Citizens'). They contended that their property covered under these policies 'was damaged by wind and flood water from Hurricane Rita and sustained a total loss.' Plaintiffs sought a ruling that the Valued Policy Law, LA R.S. 22:695 applied to their loss and 'required the defendants to pay the full face amount of the homeowner's policy as long as the covered property was rendered a total loss and any portion of the damages sustained by the premises was attributable to a peril covered by the policy, such as wind.' (Emphasis in original.) In opposition, defendants argued that the VPL did not require payment of the full face value amount 'unless the property is rendered a total loss by a covered peril.'
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.