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Emerging Issues Regarding Liability Insurance and Genetically Modified Organisms
The coverage issues surrounding losses caused by environmental pollution have been litigated for decades. Yet, no matter how many permutations of disputes take place over what constitutes “pollution” within the meaning of the pollution exclusions in comprehensive general liability (“CGL”) policies, new issues continue to arise. One issue poised to become significant is whether damage allegedly caused by genetically modified organisms (“GMO”) is within the ambit of the absolute pollution exclusion currently in effect. That exclusion, as set forth in the standard form policy published by Insurance Services Office, Inc., provides that CGL coverage does not apply to: “'Bodily injury' or 'property damage' arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants,'” with “pollutants” defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste ' ” At least one insurance carrier, however, has defined “ pollutants” expressly also to include “genetically engineered materials.” See, e.g., Bechtel Petroleum Operations, Inc. v. Cont'l Ins. Co., 2006 WL 531277 (Cal. App. 2d Dist. Mar. 6, 2006). Other issues that have been litigated in the context of traditional environmental liability and mass tort claims are also relevant to potential GMO claims, including whether the alleged harm was expected or intended by the policyholder, and whether the alleged harm constitutes a single occurrence or multiple occurrences.
Although claims for damage caused by GMO may arise in other contexts, it is within the agricultural sector that GMO coverage issues would likely predominate. Various participants in the agriculture industry, from individual farmers to seed companies, agricultural cooperatives, and distributors, obtain CGL or other liability coverage to protect against liability for bodily injury and property damage. Covered liability for property damage generally includes physical injury to tangible property including the loss of use thereof, as well as the loss of use of tangible property that has not been physically injured. Coverage under such policies is typically limited to “occurrences,” as that word is interpreted in the case law.
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.
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.
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.