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Case Notes
W.D.N.Y. Finds Coverage for Property Damage Claim Despite Its Being Pleaded Under a Contract Theory
A recent ruling from the United States District Court for the Western District of New York applied New York law in rejecting an insurer's attempt to deny coverage. The insured faced an underlying liability claim arising out of the insured's provision of adulterated apples that were used to make the underlying plaintiff's baby food. Thruway Produce, Inc. v. Massachusetts Bay Insurance Co., ___ F. Supp. 3d ___, 2015 WL 4459001 (W.D.N.Y. July 20, 2015). The insured, Thruway Produce, Inc. (“Thruway”), moved for summary judgment seeking a declaration that it was owed a defense and, should it not prevail in the underlying lawsuit, indemnity from its insurer, Massachusetts Bay Insurance Co. (“Massachusetts Bay”). While the court found that as-yet-resolved factual questions about the underlying matter precluded it from issuing a declaration that Massachusetts Bay owed a duty to indemnify Thruway, the court did declare that Thruway was owed a defense. In so doing, it rejected Massachusetts Bay's arguments that Commercial General Liability (“CGL”) policies do not apply to an underlying liability arising out of a contract claim.
Background
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?