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Gaps in Coverage After <i>Farmers Mutual </i>
In two state supreme court decisions in the 1990s, New Jersey adopted a version of pro rata allocation in so-called “continuous trigger” cases. Carter-Wallace, Inc. v. Admiral Ins. Co., 712 A.2d 1116, 1123 (N.J. 1998); Owens-Illinois, Inc. v. United Ins. Co., 650 A.2d 974, 983 (N.J. 1994). Pro rata is one of two methodologies employed by courts in addressing the scope of coverage afforded by multiple triggered policies in cases involving loss over time such as asbestos, environmental contamination, or toxic torts, when there is no determination of the specific degree of harm that occurred in any one policy period.
In Owens-Illinois, the New Jersey Supreme Court rejected joint-and-several allocation, in which any triggered policy must respond to the entirety of the claim, instead adopting a form of pro rata allocation “related to both the time on the risk and the degree of risk assumed.” 650 A.2d at 995. This allocation approach was reaffirmed and elaborated upon in the subsequent Carter-Wallace decision. As noted by the Owens-Illinois court, a feature of pro rata allocation is that the policyholder is responsible for indemnity and defense costs during periods when it was uninsured or self-insured. 650 A.2d at 980 (citing Gulf Chem. & Metallurgical Corp. v. Associated Metals & Minerals Corp., 1 F.3d 365, 372 (5th Cir. 1993); Ins. Co. of N. Am. v. Forty-Eight Insulations, Inc., 633 F.2d 1212 (6th Cir. 1980), clarified, 657 F.2d 814 (6th Cir. 1981), cert. denied , 454 U.S. 1109 (1981); Fireman's Fund Ins. Cos. v. Ex-Cell-O Corp., 685 F. Supp. 621, 626 (E.D. Mich. 1987); N. States Power Co. v. Fid. & Cas. Co., 523 N.W.2d 657, 662 (Minn. 1994)).
Recently, the New Jersey Supreme Court addressed the question of the role of a state insurance guaranty fund within a pro rata allocation scheme. The court's opinion has called into question New Jersey's approach to allocation more generally.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.