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Case Briefs
Summary Judgment Denied Where Issue Exists As to Whether Wind or Storm Surge Caused Damage
In an opinion by Judge L.T. Senter, Jr., the U.S. District Court for the Southern District of Mississippi, applying Mississippi law, has denied an insurer's motion to dismiss the policyholders' complaint seeking coverage in the context of hurricane-caused damage. Tuepker, et al. v. State Farm Fire & Casualty Co., No. 1:05CV559 LTS-JMR, 2006 WL 1442489 (S.D. Miss. May 24, 2006).
The policyholders' home was destroyed during Hurricane Katrina. The dwelling was insured under a homeowner's policy that covered 'accidental direct physical loss' to the property caused by specified perils, including 'windstorm,' but excluded loss caused by 'flood, surface water, waves, tidal water, … overflow of a body of water, or spray from any of these, all whether driven by wind or not.' The policyholders submitted a claim to their insurer for the damage. The insurer denied the claim, asserting that the property damage was an uninsured loss because it resulted from ”storm surge, wave wash, and flood.” The policyholders sued the insurer, alleging that the insurer improperly denied coverage for damage caused by 'hurricane wind, rain, and/or storm surge,' and that they reasonably relied on their insurance agent's representation that the policy provided comprehensive coverage for all hurricane damage in purchasing the policy.
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.