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State of California v. Continental Insurance Company
In a blow for insurers and contrary to the weight of authority in multiple other juridictions, the California Court of Appeals for the Fourth District recently reversed the trial court on its so-called “no stacking rule” and affirmed the trial court in its “all sums” liability allocation. In California v. Continental Insurance Co., — Cal. Rptr. 3d –, No. E041425, 2009 WL 18696 (Cal. Ct. App. Jan 15, 2009), the Fourth Appellate District held that, under California law: 1) an insured can horizontally stack policy limits when there is a continuous loss extending over multiple policy periods; and 2) each insurer that covers any part of the claim is obligated to pay the entire claim, up to the limits of its policy. Because environmental contamination generally occurs across policy periods, these rulings are likely to be cited by insureds seeking to maximize coverage and therefore merit careful scrutiny and explanation as to why they should not apply.
History of the Underlying Litigation
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.