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Hurricane Katrina Case: LA Supreme Court Upholds Flood Exclusion
In a case the insurance industry has been closely monitoring, the Louisiana Supreme Court unanimously ruled that insurance policies with flood exclusions do not cover flood damage from the failure of man-made levees. Sher v. Lafayette Ins. Co., Nos. 07-C-2441, 07-C-2443, 2008 WL 928486 (La. April 8, 2008).
Plaintiff's case stemmed from losses sustained as a result of wind and flood damage caused by Hurricane Katrina. At the time of the storm, plaintiff owned and lived in a five-unit apartment complex in New Orleans. After the levees were breached, plaintiff's building was flooded with approximately four feet of water. According to plaintiff's own architectural expert, the damage to the basement and lower level of the building was caused entirely by flood damage.
Although plaintiff's insurance policy with Lafayette Insurance Company stated it would not cover damage caused by, among other things, 'flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not,' plaintiff argued that the word 'flood' was ambiguous and only applied to flooding from natural as opposed to man-made causes. This theory was premised on the contention that the U.S. Army Corps of Engineers had improperly designed and maintained the levees, resulting in 80% of the city being inundated with water when the levee system failed.
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.