Free Updates
March 16, 2006
<a href="http://www.ljnonline.com/pub/ljn_matrimonial/24_3/news/146180-1.html">Story 1</a> Here's the story.
Free Updates
March 16, 2006
Here's the story.<a href="http://www.ljnonline.com/pub/ljn_matrimonial/24_3/news/146180-1.html">Story 1</a>
Free Updates
March 16, 2006
<a href="http://www.ljnonline.com/pub/ljn_matrimonial/24_3/news/146180-1.html">Story 1</a>
Disavowals of Liability Do Not Disembowel Coverage: Liability Settlements and Insurance Coverage
March 01, 2006
Liability insurance policies apply where the insured is liable for bodily injury, property damage, or wrongful acts (depending on the policy). What happens, however, when the policyholder denies that any injury or wrongdoing took place? Does that mean that insurance is not applicable?
The Brief Case for Insurer Standing in Asbestos Bankruptcies
March 01, 2006
Debtors facing mass-tort asbestos liability frequently challenge their insurers' standing to appear in the debtors' bankruptcy cases. They typically argue that their insurers have no standing because the proposed bankruptcy plan is "insurance neutral." Debtors contend alternatively that the insurers' standing is limited to specific issues directly affecting the insurance contract, such as whether the debtor may assign policy proceeds notwithstanding anti-assignment provisions contained in the policy. Despite insurers' strong incentives to participate in mass-tort bankruptcies, bankruptcy courts have frequently been willing to suppress insurer objections that the debtor finds inconvenient.
The Federal Courts' Gate-Keeping Function for Fixed and Invariable Evidence of Custom and Usage
March 01, 2006
The role of the trial judge in screening proffered custom and usage evidence has evolved with time and is now part of the gate-keeping function provided in the federal rules of evidence. This article traces some of the relevant background and discusses how the federal rules now guide the courts in the exercise of that function.
Substitution of 'The Sums' or 'Those Sums' for 'All Sums' Does Not Alter the Scope of Coverage
March 01, 2006
One of the major issues for the past quarter century in the litigation of coverage disputes relating to liability for alleged long-term or latent injury or damage (such as those arising from asbestos bodily injury, environmental property damage, or other mass torts) has been "allocation." In particular, insurance companies and policyholders have disputed the scope of coverage provided by an "occurrence"-based general liability policy triggered by injury or damage during its policy period, when the same occurrence also caused harm in other policy periods.
MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
- Removing Restrictive Covenants In New YorkIn 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?Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›