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Case Notes
W.D.N.Y. Finds Coverage for Property Damage Claim Despite Its Being Pleaded Under a Contract Theory
A recent ruling from the United States District Court for the Western District of New York applied New York law in rejecting an insurer's attempt to deny coverage. The insured faced an underlying liability claim arising out of the insured's provision of adulterated apples that were used to make the underlying plaintiff's baby food. Thruway Produce, Inc. v. Massachusetts Bay Insurance Co., ___ F. Supp. 3d ___, 2015 WL 4459001 (W.D.N.Y. July 20, 2015). The insured, Thruway Produce, Inc. (“Thruway”), moved for summary judgment seeking a declaration that it was owed a defense and, should it not prevail in the underlying lawsuit, indemnity from its insurer, Massachusetts Bay Insurance Co. (“Massachusetts Bay”). While the court found that as-yet-resolved factual questions about the underlying matter precluded it from issuing a declaration that Massachusetts Bay owed a duty to indemnify Thruway, the court did declare that Thruway was owed a defense. In so doing, it rejected Massachusetts Bay's arguments that Commercial General Liability (“CGL”) policies do not apply to an underlying liability arising out of a contract claim.
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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.