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State of California v. Continental Insurance Company
In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called “no stacking rule” and affirmed the trial court in its “all sums” liability allocation. In California v. Continental Insurance Co., — Cal. Rptr. 3d –, No. E041425, 2009 WL 18696 (Cal. Ct. App. Jan 15, 2009), the Fourth Appellate District held that, under California law: 1) an insured can horizontally stack policy limits when there is a continuous loss extending over multiple policy periods; and 2) each insurer that covers any part of the claim is obligated to pay the entire claim, up to the limits of its policy. Because environmental contamination generally occurs across policy periods, these rulings are likely to be cited by insureds seeking to maximize coverage and therefore merit careful scrutiny and explanation as to why they should not apply.
History of the Underlying Litigation
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.