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Two Small Words, One Great Divide
Even the smallest words can carry controlling meaning. At least, that's what the Supreme Court of Pennsylvania held in Mutual Benefit Insurance Company v. Politsopoulos, where it joined the majority of other jurisdictions that have considered the issue in holding that a policy providing an exclusion for an employee of “the insured” meant an employee of the insured seeking coverage under the policy, but not of any of the other insureds under the policy, or even of the Named Insured.
This question, involving the interpretation of two seemingly straightforward words, has lingered in the insurance industry for over 50 years. In 1961, the Insurance Counsel Journal published an article by Norman Risjord and Jane Austin, titled “Who Is 'The Insured'” Revisited, which addressed just this question. Risjord and Austin explained that insurers had always intended the term “the insured” to refer only to the entity claiming coverage. However, at that time, nearly all courts that had addressed the issue had reached a different conclusion ' holding that “the insured” could mean any of the insureds under the policy. “Ironically, this is the only known situation where many of the courts persist in erring in favor of the insurance companies.” Norman E. Risjord and Jane M. Austin, “Who Is 'The Insured'” Revisited, 28 Ins. Counsel. J . 100, 101 (1961) (emphasis in original).
In order to clarify that “the insured” meant solely the insured seeking coverage, the National Bureau of Casualty Underwriters and the Mutual Insurance Rating Bureau created a new condition called the “Severability of Interests” condition. That condition states that the insurance applies separately to each insured against whom claim is made or suit is brought. Therefore, the insured seeking coverage would necessarily be considered separately from any other insured.
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.