Highlights of the latest insurance cases from across the country.
- September 09, 2003ALM Staff | Law Journal Newsletters |
In an opinion that could be one of Texas' most important insurance coverage rulings in years and spark even more debate about damage awards, the 2nd Court of Appeals ruled that insuring for punitive damages does not violate public policy.
September 09, 2003John CouncilPart 1 of a 2-part series. Surplus lines business is booming. Last year, California witnessed an astounding 104.5% increase in surplus lines premium totals from 2001, according to the Surplus Lines Association of California. Other states also saw the number of surplus lines policies issued in their state soar. Yet many corporate representatives and coverage attorneys are unfamiliar with this rapidly growing niche within the insurance industry. Whether you are placing insurance for your employer or serving as counsel for an insurance-related client, it is imperative that you possess a good understanding of the role surplus lines insurers play in the insurance industry and how the states regulate the surplus lines market.
September 07, 2003Ralph S. Hubbard III and Joseph P. GuichetAn officer of a corporation is named as a defendant in a shareholder derivative suit. After reading the complaint, which includes allegations that the officer committed a breach of certain fiduciary duties owed to the corporation, the officer promptly notifies his directors and officers' liability insurer of the lawsuit. Because the applicable policy contains exclusions that may potentially exclude some, if not all, of the claims, the insurer agrees to defend the officer subject to a full and complete reservation of rights.
September 07, 2003Kim V. Marrkand and Nancy D. AdamsThe U.S. Court of Appeals for the 9th Circuit waded into cyberspace late last month to set liability for Web site operators who put libelous information on the Internet in Batzel v. Smith.
September 07, 2003Jason HoppinCompanies besieged by unwanted e-mail can only invoke the California's trespass-to-chattels law if the messages cause actual damage to equipment or property, the California Supreme Court held recently.
September 07, 2003Alexei OreskovicUnited Parcel Service of America (UPS) is tackling computer spam with a federal suit that seeks more than $1 million in damages from unnamed spammers.
September 07, 2003R. Robin McDonaldThe Internet has become mainstream by every commercial standard. Numerous legal difficulties await the unprepared human resource professionals. This is the second in a two part series that attempts to identify the top 10 things human resource professional need to know about Internet Law.
September 07, 2003Jonathan BickIf you do not mind paying for them, you can obtain copies of legal briefs over the Web from several sources. But where can you find free briefs?
September 07, 2003Robert J. AmbrogiCybergriping occurs when one party (a 'cybergriper') i) establishes a Web site (the 'complaint site' or 'attack site') dedicated to the publication of complaints, claims, criticism, or parody of or against another party (the 'target company'), and ii) registers the Web site under a domain name comprised of the target's trademark and a pejorative suffix, such as 'sucks.com,' 'crooks.com' or 'ripoff.com.' Not surprisingly, target companies have attempted to combat this relatively new form of asymmetrical cyberwarfare by bringing suit against cybergripers under various legal theories, including trademark infringement, trademark dilution and cybersquatting.
September 07, 2003Loren K. Newman

