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Allocating Costs to Policyholders for Periods of No Insurance
In cases involving insurance coverage for injury or damage that has been held to have taken place over an extended time period, a majority of courts today allocate costs using the pro rata method, which assigns to each policy in effect during the applicable time period the share of costs proportionate to the amount of injury or damage that took place while the policy was in effect.
Pro rata allocation is often predicated on language contained in most general liability policies that limits coverage to injury or damage that takes place during the policy period. As is also consistent with that policy language, courts applying pro rata allocation generally require the policyholder to pay the costs attributable to periods for which it has no insurance coverage, either because it did not purchase any (or not enough), it claims to have purchased insurance but lost the policies, or it purchased insurance from an insurer which subsequently became insolvent.
A few courts, however, do not require the policyholder to pay the costs attributable to periods of injury when coverage for the risk at issue was not available in the insurance market, instead excluding those periods from the total number of years over which costs are allocated. That approach, sometimes called the “unavailability exception,” forces insurers for other policy periods to bear the costs of the periods when no insurance was found to have been available.
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.