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The Upshot of ISO's Fault-Based Additional Insured Endorsement
It has been 10 years since the Insurance Services Offices, Inc. (“ISO”) issued the fault-based version of its CG 20 10 additional insured endorsement. The 2004 endorsement, Form CG 20 10 07 04, replaced the widely litigated phrase “arising out of” with a more restrictive requirement that the additional insured's liability be “caused, in whole or in part, by” the “acts or omissions” of the named insured. ISO touted the 2004 revisions as the industry's solution to the overly broad judicial interpretations of “arising out of” that have afforded coverage for the additional insured's sole negligence and other unintended transfers of risk. Nevertheless, ISO's effort to achieve a narrower interpretation has been met with inconsistent and sometimes perplexing results. Some courts have interpreted the endorsement as requiring negligence while others have limited the coverage grant more strictly to vicarious liability.
Many courts have wrestled with the requisite degree of fault or how to interpret the duty to defend in the typical scenario where the named insured employed the claimant and is immune from direct allegations of fault. To further complicate matters, a new shift to a “no-fault” interpretation of the endorsement has recently gained traction in New York. With many issues still unresolved and litigation over the endorsement on the rise, ISO's fault-based additional insured endorsement seems to be proving no less troublesome than its predecessor.
The 2004 Revisions
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.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.