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Gaps in Coverage After <i>Farmers Mutual </i>
In two state supreme court decisions in the 1990s, New Jersey adopted a version of pro rata allocation in so-called “continuous trigger” cases. Carter-Wallace, Inc. v. Admiral Ins. Co., 712 A.2d 1116, 1123 (N.J. 1998); Owens-Illinois, Inc. v. United Ins. Co., 650 A.2d 974, 983 (N.J. 1994). Pro rata is one of two methodologies employed by courts in addressing the scope of coverage afforded by multiple triggered policies in cases involving loss over time such as asbestos, environmental contamination, or toxic torts, when there is no determination of the specific degree of harm that occurred in any one policy period.
In Owens-Illinois, the New Jersey Supreme Court rejected joint-and-several allocation, in which any triggered policy must respond to the entirety of the claim, instead adopting a form of pro rata allocation “related to both the time on the risk and the degree of risk assumed.” 650 A.2d at 995. This allocation approach was reaffirmed and elaborated upon in the subsequent Carter-Wallace decision. As noted by the Owens-Illinois court, a feature of pro rata allocation is that the policyholder is responsible for indemnity and defense costs during periods when it was uninsured or self-insured. 650 A.2d at 980 (citing Gulf Chem. & Metallurgical Corp. v. Associated Metals & Minerals Corp., 1 F.3d 365, 372 (5th Cir. 1993); Ins. Co. of N. Am. v. Forty-Eight Insulations, Inc., 633 F.2d 1212 (6th Cir. 1980), clarified, 657 F.2d 814 (6th Cir. 1981), cert. denied , 454 U.S. 1109 (1981); Fireman's Fund Ins. Cos. v. Ex-Cell-O Corp., 685 F. Supp. 621, 626 (E.D. Mich. 1987); N. States Power Co. v. Fid. & Cas. Co., 523 N.W.2d 657, 662 (Minn. 1994)).
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.