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Case Briefs
Minnesota High Court Tackles Practical Allocation Questions
The Minnesota Supreme Court, applying Minnesota law, has issued an important ruling grappling with practical aspects of allocation in Wooddale Builders, Inc. v. Maryland Casualty Co., et al., Nos. A04-1442, A04-1612 (Minn. Oct. 5, 2006). The court held that: 1) the end date for allocating liability for continuous property damage under the pro rata 'time on the risk' method was the date when the policyholder received notice of the claim for damages, not when damage was remediated; and 2) defense costs were to be allocated equally among the insurers. The court also provided further guidance for insurers and policyholders by adopting a four-factor framework for analyzing allocation issues.
The policyholder was a construction contractor that built stucco homes. Between November 1990 and November 2002, five different insurers provided commercial liability coverage to the policyholder. Each of the policies promised to defend and indemnify the policyholder for 'sums that [the policyholder] becomes legally obligated to pay [for property damage] to which this insurance applies.' After November 2002, the policyholder did not have coverage for water intrusion damage. It was disputed whether such coverage was available to the policyholder after that time.
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.
Removing Restrictive Covenants In New York
In 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?