Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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)).
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?