ISSN:1040-6026    

DOI:10.1080/10406029909383930

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

Since 1994, environmental‐insurance coverage cases in New Jersey have been framed by the New Jersey Supreme Court's landmark decision inOwens‐Illinois.That case, however, failed to clarify with appropriate precision a number of basic insurance issues. In 1998, the court revisited its earlier decision. InCarter‐Wallace,the court explicitly addressed allocation between layers of coverage, rejecting, in the process, the two alternative allocation methodologies proposed by the plaintiff and defendant. As part of the court's analysis, it adopted an allocation methodology that endorses the stacking of triggered policy limits to respond to progressive indivisible damage. The stacking issue is a critical allocation question. Advocates of no‐stacking believe the issue is so central to the allocation question itself that it should dictate the allocation methodology. Even afterCarter‐Wallace,no‐stacking advocates continue to press their case. Professor Neil Doherty, a no‐stacking advocate, recently articulated his views as a special master in thePrinceton Gamma Techcase. Professor Doherty—a professor of insurance at the University of Pennsylvania, and not a lawyer—attempted to convince the trial court that the stacking question had not been answered by the New Jersey Supreme Court in eitherOwens‐IllinoisorCarter‐Wallace.He ignored the court's pronouncement inCarter‐Wallacethat the model adopted therein should be the presumptive model except when extraordinary circumstances are present. Instead, Professor Doherty opined that the open question on stacking dictated a new and novel allocation methodology—one different from that provided by theCarter‐Wallacecourt. Indeed, the very model advanced by Professor Doherty in thePrinceton Gamma Techcase had been unequivocally rejected by the court inCarter‐Wallace.In our view, the stacking question is not open for academic debate; it has already been answered two times by the New Jersey Supreme Court. It is clear that the New Jersey Supreme Court has developed an allocation methodology that explicitly adopts the stacking of policy limits.

ISSN:1040-6026    

DOI:10.1080/10406029909383931

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

Environmental legacies are unpleasant leftovers of the industrial development of this nation. Unlike family legacies, which usually involve assets that are to be distributed among the heirs, environmental legacies most often involve liabilities. These liabilities were created by releases of contaminants, and exposures to toxic materials that have caused and, in some cases, will continue to cause, bodily injury and property damage. In most cases, resolving liability claims also requires the remediation of contaminated sites or the removal of asbestos‐containing building materials.

ISSN:1040-6026    

DOI:10.1080/10406029909383932

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

In environmental insurance coverage litigation, insurance companies often vigorously contest the legitimate discovery requests of policyholders. Discovery inquires seeking drafting histories, reserves data, and reinsurance information have encountered much resistance as insurance companies cling to claims of privileges, burdens, and unfairness. Yet, insurance companies’ own actions in seeking sweeping discovery from policyholders and other insurance groups in subrogation and reinsurance disputes confirm the relevance of the discovery sought by policyholders. “Upon this point a page of history is worth a volume of logic.”; Justice Oliver Wendell Holmes,New York Trust Co. v. Eisner,256 U.S. 3451 349 (1921).

ISSN:1040-6026    

DOI:10.1080/10406029909383933

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

In challenging the extent of a plaintiffs injuries, defendants often look to compare the claimant's pre‐injury physical condition with his or her postaccident allegations of damages. Through discovery, the defendant may come to learn that a plaintiff who was injured, for example, in a car accident, may have had a pre‐existing back injury, or that a slip‐and‐fall victim may have injured the same parts of her body in an earlier accident.

ISSN:1040-6026    

DOI:10.1080/10406029909383934

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

The insurance industry's exposure for environmental claims is estimated by rating agencies to have a current discounted value in the range of $40 to $50‐billion dollars.1Since the payout period is estimated to stretch out for approximately 30 more years, it is appropriate to reflect on how these liabilities will be resolved in the next millennium. Those who would respond, “just like we have always done it”; can skip the rest of this article.

ISSN:1040-6026    

DOI:10.1080/10406029909383935

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029909383936

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029909383937

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029909383938

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

E. Allan Farnsworth,Changing Your Mind: The Law of Regretted Decisions(New Haven: Yale University Press, 1998). 271 pp. $30.00.

ISSN:1040-6026    

DOI:10.1080/10406029909383939

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor