You might have missed the arrival of the future, but Wikipedia now reports matter-of-factly that Spaceport America “is a spaceport located in” a desert basin in New Mexico. (The only surprising fact is that the nearest town is called “Truth or Consequences.”) This month, a company called “Virgin Galactic,” a member of the Virgin Group that plans to provide sub-orbital spaceflights to “space tourists,” is scheduled to make its first monthly rent payment on the $209 ... Keep Reading »
General Liability
No, SIR: The Self-Insured Retains a Duty of Self-Defense
In the realm of liability insurance, the terms “deductible” and “self-insured retention” are often used interchangeably, but the two provisions have important differences. Among other things, “policies which are subject to self-insured retentions are ‘excess policies' which have no duty to indemnify until the self-insured retention is exhausted.” Century Indemnity Co. v. The Marine Group, No. 3:08-CV-01375-AC (D. Ore. Dec. 3, 2012), quoting Pacific Employers Ins. Co. ... Keep Reading »
Courts Leaning Anti-Anti-Assignment
In October, in a case of first impression, the Kentucky Supreme court decided that Kentucky will follow the “majority rule,” under which anti-assignment clauses in insurance policies may not be enforced, if the assignment is made after the underlying loss has occurred. In December, the Supreme Court of California agreed to decide whether to extend that rule to “assignments” that occur by virtue of the merger of an insured into another business. In re Wehr ... Keep Reading »
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