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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).
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.