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Products-Completed Operations Clauses: S.T. Hudson Engineers, Inc. et al. v. Pennsylvania National Mutual Casualty Company
In a case of first impression, New Jersey's Appellate Division recently explored the relationship between three clauses commonly contained in policies issued to professionals, in this case a professional engineering firm: 1) the exclusion for professional services contained in a commercial general liability ('CGL') policy, 2) the affirmative grant of products-completed operations coverage in that same CGL policy, and 3) the corresponding exclusion of products-completed operations coverage in an architect/engineer's professional indemnity policy. See S.T. Hudson Engineers, Inc. et al. v. Pennsylvania National Mutual Casualty Company, 388 N.J. Super. 592, 909 A.2d 1156 (App. Div. 2006), certif. denied, 189 N.J. 647, 917 A.2d 787 (2007).
In the context of determining whether the CGL policy triggered a duty to defend, the court held that while there were numerous professional negligence claims stated that would not have triggered the duty to defend, the underlying litigation also stated a claim for failure to warn and misrepresentation regarding a known danger. These claims, the court held, 1) clearly fell under the coverage afforded by the CGL policy's products-completed operations clause; 2) were not excluded by the professional services exclusion in that policy, and, indeed 3) would not have been excluded by the professional services exclusion even absent the products-completed operations clause. Finally, the court held that any other interpretation of the CGL policy would not meet the policyholder's reasonable expectation of coverage for this class of liability.
Factual Background
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?