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Current Articles
Current Articles:
Insurance Coverage, Nanotechnology, and Emerging Liability Issues
Robert Binion recently published an article on nanotechnology and insurance coverage issues in Coverage, the publication of the Insurance Coverage Litigation Committee of the American Bar Association. The article discusses the hypothetical risks of nanotechnology, which has been compared to asbestos, as well as the coverage issues implicated by unique aspects of nanotechnology. Mr. Binion will be speaking on these issues at the ABA conference in February 2008 in Tucson, Arizona. » Read article
What's Happened to Carroll Towing?
In U.S. v. Carroll Towing Co., 159 F.2d 169 (2nd Cir. 1947), Judge Learned Hand articulated an algebraic formula for evaluating an alleged tortfeasor's standard of care, now called the Learned Hand rule or test. Although the rule is so intuitive it could hardly be questioned, it can cause some confusion if applied incorrectly. This article will show that the Learned Hand rule only establishes the minimum — but not necessarily the sufficient — standard of care, for an actor to avoid a finding of negligence. Thus, those who "fail" the Learned Hand are surely negligent. However, those who "pass" the test will not necessarily be absolved of negligence. » Read article
Is 'Injury In Fact' Really A Trigger In Insurance
Typically, an insurance policy limits coverage to specifically identified events that happen during the policy's effective period. Some policies provide coverage for claims made during the policy period, some provide coverage for liability in respect of injuries during the policy period, and so on. "Trigger" is an insurance coverage term not found in insurance policies but commonly used by jurists and those in the insurance industry when analyzing what must happen during the policy period in order to obtain coverage. If the claim, accident, occurrence or injury — as governed by the policy language — happen during a policy's effective period, that policy will be "triggered." » Read article