States map coverage; counsel and risk managers shopping for insurance should learn relevant state case law
Article Abstract:
Proactive insurance risk management decisions based on knowledge of each state's case law will save lawyers and risk managers much money in portential damages for mass liability claims. A coverage gap problem exists because several state supereme courts construed the same insurance coverage language for mass liability claims differently in 1990s rulings. A company's failure to deal with this coverage gap in buying liability insurance may have disastrous consequences if that company faces mass liability suits in the next 25 years.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Changes to U.S. patent law caused by GATT's implementation may establish a new basis for 'advertising injury' coverage of direct patent infringement claims
Article Abstract:
The US codification of the Uruguay Round of the General Agreement on Tariffs and Trade creates a new patent infringement cause of action based on 'offers to sell' products. It seems possible for infringement claims to cover advertising liability as a result of this expansion. According to Section 271(a), infringement liability applies to offers to sell anything covered by a patent. Plaintiffs will surely use the 'offers to sell' expansion to sue for patent infringement based on advertising of allegedly infringing products.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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How well do insurance policies cover cyber-risks? Insurers have denied coverage under old policies; specialized new ones may lead to litigation
Article Abstract:
The use of insurance products such as business interruption insurance and the new cyber-risk policies to cover technology-related liabilities is discussed. Because some of the language in the latter is new, litigation over its meaning is to be expected.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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- Abstracts: Direct ads may create liability dangers; consumer advertising by drug manufacturers has reopened the issue of expanded liability
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- Abstracts: The liability of raw material manufacturers: it's time to restate the Restatement
- Abstracts: Participant loans: a road map for practitioners. Senator Dole and Rep. Michel introduce pension security legislation
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