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Is Coverage Hiding in Your Insured Contracts?
Contractual liability frequently is excluded from coverage in Commercial General Liability (“CGL”) policies. However, certain contractual liabilities, including “insured contracts,” typically are covered under CGL policies as a result of exceptions to the general contractual liability exclusion. Policyholders may be less inclined to consider the prospects of such coverage when the “insured contract” is not characterized as an elevator maintenance agreement, a railroad sidetrack agreement, or some other type of agreement specifically referenced in the policy as being an insured contract.
In fact, however, CGL policies commonly define “insured contracts” as including that part of an agreement in which the insured assumes the “tort liability of another party to pay for 'bodily injury' or 'property damage' to a third person or organization.” ISO form CG 00 01 12 04. In some polices, the indemnitee may even be included as an “additional insured,” allowing an indemnitee to directly assert coverage under its indemnitor's insurance policy. In addition, some courts allow an indemnitee who is not listed as an “additional insured” to bring a direct action against an insurer.
Of course, policyholders and insurers are not always in agreement when it comes to interpreting the insured contract exception to the contractual liability exclusion. Courts often disagree with each other about such matters, as well. This article summarizes certain issues that may arise when a policyholder, or its indemnitee, asserts coverage for damages extending from an insured contract.
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?