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Case Briefs
Targeted Tender Rule Does Not Pre-empt Horizontal Exhaustion
In Kajima Construction Services, Inc. v. St. Paul Fire & Marine Insurance Company, Docket No. 103588, __ N.E.2d __, 2007 WL 4200949 (Ill. Nov. 29, 2007), the Illinois Supreme Court held that Illinois' targeted tender rule, which allows an insured to select among the insurers owing it a duty to defend, does not pre-empt Illinois' rule of horizontal exhaustion, which generally requires an insured to exhaust all primary coverage before reaching its excess insurers.
The matter began in December 1997 when Kajima Construction Services Inc. ('Kajima') subcontracted with Midwestern Steel Fabricators, Inc. ('Midwestern') on a construction project. Pursuant to the subcontract, Midwestern secured insurance with St. Paul Fire & Marine Insurance Company ('St. Paul') naming Kajima as an additional insured with $2 million in general liability coverage and $5 million in excess coverage. Kajima also had its own primary CGL policy with Tokio Marine and Fire Insurance Company ('Tokio') for $1 million per occurrence. Midwestern, in turn, subcontracted with Up-Rite Steel Company ('Up-Rite').
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.