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Case Briefs
CGL Insurer Has No Duty to Cover Mold Remediation Losses Excluded By Fungi and Bacteria Exclusion
In Restoration Risk Retention Group v. Selective Way Insurance Co., the New Jersey Appellate Division held that a commercial general liability (“CGL”) insurer owed no coverage for property damage caused by the policyholder's mold remediation work because its policy contained a Fungi and Bacteria exclusion. A-1975-10T1, 2011 N.J. Super. LEXIS 2587 (App. Div. Oct. 12, 2011). The policyholder, a mold remediation specialist, faced potential liability for allegedly deviating from a customer's remediation plan by using Sporicidin. Id. at *4. The policyholder's pollution liability insurer acknowledged its coverage obligations, and sued the policyholder's CGL carrier to compel coverage. Id. at *5. The CGL insurer denied coverage on the basis of its policies' Fungi and Bacteria exclusion, which provides that its insurance does not apply to: (a) “'property damage' which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, or presence of any 'fungi' or bacteria on or within a building or structure” (regardless of whether any other cause “contributed concurrently or in any sequence” to such damage); and (b) loss “arising out of ' abating, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of ' 'fungi' or bacteria, by any insured.” Id. at *6-7.
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.