ISSN:1040-6026    

DOI:10.1080/10406029509379249

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

This article explores the California Supreme Court's landmark decision inMontrose Chemical Corporation of California v. Admiral Insurance Companyfrom the perspective of Montrose. The article discusses events leading to the decision, with emphasis given to the formulation of Montrose's successful appellate strategy and elaborates on several significant aspects of the California Supreme Court's adoption of a “continuous trigger”; and rejection of a third‐party “known loss”; defense. The article concludes that the California Supreme Court's holding, especially when considered with other recent appellate victories for Montrose, has given rise to a principled approach that exalts the language itself of third‐party comprehensive general liability contracts above all other considerations. The end result is an insurance litigation landscape that is vastly more simplified and less costly to policyholders and carriers alike.

ISSN:1040-6026    

DOI:10.1080/10406029509379250

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

This essay proposes a ten‐step recipe for applying California's nearly unique—"comparative impairment"—choice‐of‐law rules. The formula is elaborated for environmental insurance claims, placed in the context of leading California cases, and compared and contrasted with the principal choice‐of‐law approaches in other jurisdictions and as set forth in the All'sComplex Litigation Project.It is suggested that, as a practical matter, the customs and traditions of choice‐of‐law legal argumentation require explicit reliance on theoretical—impractical looking—academic sources.

ISSN:1040-6026    

DOI:10.1080/10406029509379251

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

The issue of whether investigatory expense is deemed “defense”; and, like other defense expense, recoverable as incurred wherever there is a potentiality of coverage, orisdeemed “indemnity”; and recoverable only at the end of coverage litigation, if coverage actually has been established, is one of the most significant issues in environmental coverage litigation today. It is particularly important because an insurance company's duty to defend is not tied to the coverage limits in the policy and may have vast, potentially unlimited, value.

ISSN:1040-6026    

DOI:10.1080/10406029509379252

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

In the past several years, EPA and its state counterparts have dramatically increased enforcement of environmental laws. As a result, many companies are implementing environmental auditing programs to assess environmental compliance in an effort to reduce the risk of individual or corporate liability. This article highlights the concerns surrounding the confidentiality protection of environmental audit reports in the business community. It discusses the current state of the “environmental audit privilege, “ under which the results of internal environmental audits are insulated from discovery, are inadmissible in legal proceedings, and may be immune from civil penalties for companies that voluntarily identify, disclose, and correct violations. It reviews EPA's newly issued environmental audit policy and describes the use of common law privileges to attain confidentiality protection. Finally, it discusses the growing focus on state and federal legislation designed to assure a greater degree of confidentiality protection.

ISSN:1040-6026    

DOI:10.1080/10406029509379253

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

Courts increasingly are required to address allocation issues in insurance coverage litigation. This article outlines several recent decisions addressing allocation and illuminates the practical effect these decisions will have on future coverage cases. Recent decisions suggest that courts will allocate losses to require the policyholder to assume self‐insured layers, gaps due to the insolvency of insurers, and any uninsured periods resulting from prior settlements or commutations.

ISSN:1040-6026    

DOI:10.1080/10406029509379254

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

摘要:

Over the last three decades, the legal and regulatory backdrop for the resolution of a number of various public health and environmental policy issues has caused a shift away from standard public health approaches and toward the generation of data geared to setting or refuting triggers for regulatory action and establishing or refuting legal Cause and effect (rather than geared to protecting public health and the environment). This article presents a case study of a pure public health approach for the resolution of issues regarding the potential public health impact of wireless communication technology. In choosing the public health paradigm for this problem, Wireless Technology Research, L.L.C., has rejected commonly held notions that risk assessment and risk management need to be separate and that adversarial and competing databases are necessary to achieve scientific balance, developing instead a new model for resolving scientific disputes that employs basic public health principles aimed at truly protecting the public and the users of this technology.

ISSN:1040-6026    

DOI:10.1080/10406029509379255

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029509379256

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029509379257

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029509379258

出版商:Taylor & Francis Group    

年代:1995

数据来源: Taylor