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Allocating Costs to Policyholders for Periods of No Insurance
Last month, we discussed the fact that the “unavailability exception” originated with Owens-Illinois, Inc. v. United Insurance Co., 650 A.2d 974 (N.J. 1994), one of the first state supreme court decisions to adopt pro rata allocation. In Olin Corp. v. Insurance Company of North America, 221 F.3d 307 (2d Cir. 2000), an environmental coverage case, the policyholder argued that coverage became “unavailable” after the point at which it could no longer obtain comprehensive general liability insurance without a pollution exclusion, and further, that it did not subjectively “elect” to be self-insured during those periods. According to the court, however, the evidence demonstrated that a “new type of insurance” became available “to fill the void created by the unavailability of CGL policies without pollution exclusion clauses” during the periods at issue, i.e. , claims-made environmental impairment liability (EIL) insurance, and the policyhlder failed to purchase it. The discussion continues herein.
Court Rejects Policyholder's Argument
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.