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Ill Wind: Selected Insurance Issues After Hurricane Katrina
By virtually any measure, Hurricane Katrina ranks as one of the worst natural disasters in American history. It will surely be months if not years before the full toll of the storm and its aftermath, including long-term effects on the Gulf Coast, are known. It is equally sure that Hurricane Katrina will spawn an array of disputes concerning insurance coverage for losses or damage caused by the storm. Indeed, barely 2 weeks after the hurricane hit land, at least two major insurance coverage lawsuits, one in Mississippi and one in Louisiana, had already been filed.
The range of disputes promises to be wide, given that the hurricane directly affected policyholders in multiple jurisdictions and has affected or will affect policyholders in other jurisdictions indirectly; given that policy language may vary from one insured to the next; and given that damage or loss stemmed from a variety of hazards. In light of the range of potential legal issues ' and the consequences of a misstep ' policyholders with significant claims should consider retaining coverage counsel with whom they may at least consult as they evaluate, classify, present, and pursue their claims.
A comprehensive review of all the issues that may arise is beyond the scope of this article. This article will instead address two of the issues that have emerged or are reasonably likely to emerge as residents, local businesses, and others affected by the hurricane look to their insurers for help in rebuilding their lives and their livelihoods. These are: 1) what happens when an insured suffers losses due to both a covered cause and an excluded cause; and 2) what coverage may be available to insureds located outside of the area hit by Hurricane Katrina but whose businesses have nonetheless been disrupted because of property damage to suppliers, customers, or others important to their business.
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?