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The Calm Before The Storm Is the Time to Consider Insurance Coverage
In Part One of this article (available at http://bit.ly/1vCQByq), we discussed the fact that, although there were no major hurricanes in 2013, the calm before the next storm is an opportune time for a company to consider the adequacy of its insurance program. We presented an overview of two common insurance-related considerations that may assist companies to maximize insurance recoveries in the wake of the next major storm event or other natural disaster. We discuss more considerations herein.
Look Out for Potential Causation Issues
In the case of Superstorm Sandy and other natural disasters, there may be multiple causes of loss. These may include wind, flooding and actions of civil authority. Identifying the cause or causes of loss is important because policies sometimes exclude or sublimit coverage for certain causes of loss, but not others. By way of example, as noted in Part One of this article, property policies often exclude “flood” or contain sublimits applicable to “flood” that are substantially lower than the otherwise applicable policy limits. Likewise, “named” windstorms such as Superstorm Sandy may be subject to higher self-insurance features. Sandy has presented numerous complex factual and legal issues surrounding the distinction between “windstorm” and “flood” damage.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?