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PA Superior Court Confirms CGL Coverage
On Dec. 3, 2013, Pennsylvania's intermediate appellate court confirmed the availability of commercial general liability (“CGL”) coverage for manufacturers facing product liability claims that allege damages to persons and property other than the manufacturers' products, even where the underlying actions giving rise to the coverage dispute may involve claims that plead a contract theory, not just those seeking recovery in tort. Indalex, Inc. v. Nat. Union Fire Ins. Co. of Pittsburgh, Pa., — A.3d —, No. 612 WDA 2012, 2013 WL 6237312 (Pa. Super. Ct. Dec. 3, 2013).
The Indalex decision clarifies the limits stated by Pennsylvania's highest court in Kvaerner Metals v. Commercial Union, the 2006 Pennsylvania Supreme Court decision denying coverage for contractual faulty workmanship claims on grounds that damage to a manufacturer's own product does not qualify as an “occurrence” under a CGL policy. In holding that contract and tort claims for damages to products other than an insured's own product qualified as “occurrences,” the Pennsylvania Superior Court in Indalex took a step toward recognizing that coverage assessments for these claims should turn on the applicability, vel non, of the standardized CGL policy's three business risk exclusions, not on whether the theory of recovery for underlying property damage claims is stated in contract (in which case no “occurrence” and no coverage) or tort (in which case an “occurrence” and possible coverage).
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.