Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.