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Case Notes
Pennsylvania Endorses First Manifestation Rule for Property Damage
The Supreme Court of Pennsylvania, applying Pennsylvania law, has held that coverage was triggered under the “first manifestation” rule when injury caused by a policyholder's negligence became “reasonably apparent” even where the cause of the injury was not discovered until a later policy period. Pennsylvania National Mutual Casualty Insurance Company v. John D. St. John, No. 86 MAP 2012 (Pa. Dec. 15, 2014). In reaching that result, the court also declined to apply a “multiple trigger” theory to continuous, progressive property damage, finding that the rule applied only in the context of asbestos bodily injury claims.
The policyholder, a plumbing company, was sued by co-owners of a dairy farm for negligent installation of a plumbing system that allegedly caused various health and reproductive problems with the claimants' dairy herd, arising from contamination to the cattle's water supply. The policyholder held four CGL policies that provided coverage for three successive years, the last of which included a CGL policy and umbrella policy. Following a jury award in favor of the claimants, the parties settled their claims for the limit of liability of one of the policies. Under the settlement agreement, the claimants retained the right to pursue the remainder of the judgment against the insurer under the policies.
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?