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Case Briefs
Absolute Pollution Exclusion Applies Only to Traditional Environmental Pollution Claims
The New Jersey Supreme Court recently ruled that the absolute pollution exclusion applies only to traditional environmental pollution claims. In Nav-Its, Inc. v. Selective Insurance Company of America, 183 N.J. 110, 869 A.2d 929 (2005), a policyholder sought coverage when it was sued for personal injuries allegedly arising from floor sealing fume exposure. The insurer denied coverage, urging that its comprehensive general liability policy's absolute pollution exclusion barred coverage for the claim. The Supreme Court disagreed.
The court characterized the insurer's “overly broad” interpretation of the exclusion as “unfair and contrary to the reasonable expectations of the New Jersey and other state regulatory authorities that were presented with an opportunity to disapprove the clause.” Id. at 123-24, 869 A.2d at 937. The court observed that the provision was intended at least, when presented to regulators for approval ' as a “broad exclusion for traditional environmentally related damages.” Id. at 122-23, 869 A.2d at 936-37. The court also noted that the exclusion's drafters incorporated into the provision environmental law terms of art (ie, “discharge, dispersal, release or escape”), further reflecting the exclusion's historical objective of applying only to traditional environmental damage claims. Id. at 123-24, 869 A.2d at 937.
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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?