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Case Briefs
Alaska Supreme Court Enforces Pollution Exclusion
The Alaska Supreme Court has ruled in Whittier Properties, Inc. v. Alaska National Insurance Co., No. 6273 (Alaska June 13, 2008) that coverage is barred by an 'absolute' pollution exclusion for gasoline leaks from an underground storage tank, holding that the exclusion is unambiguous and that the policyholder's contrary interpretation was unreasonable. The court further ruled that the 'personal injury' coverage part does not provide coverage for environmental harms. This decision is the first Alaska high court ruling on these issues.
The policyholder in this suit owned and managed a gas station and attached convenience store. Prior to the relevant policy periods, the policyholder had a gasoline storage tank installed on its site. The policyholder agreed to indemnify the tank installer for damages arising out of the tank. After several years of operation, it became apparent that the gasoline storage tank was not installed properly, and a significant leak had developed in the tube used to fill the tank with gasoline. As a result of the leak, owners of several neighboring properties sued the policyholder and the state of Alaska commenced a regulatory proceeding.
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.
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?