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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.
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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.