/pdf/judges-and-scholars-do-courts-and-scholarly-journals-cite-pz4z4ajecv.pdf

Judges and Scholars: Do Courts and Scholarly Journals Cite the Same Law Review Articles

High risk water pollution hazards affecting Aveiro coastal lagoon (Portugal) – A habitat risk assessment using InVEST

Courts engaged in the interpretation of insurance contracts often make implicit reference to the effect the interpretation will have on a multitude of other policyholders and insurers. Judges may be unusually aware of this future effect in the insurance context because they see the same policy language in contracts offered to millions of policyholders by diverse insurers. This Article examines the unpredictable, downstream effects of one of the most-used interpretive tools in insurance—contra proferentem—under which ambiguities are interpreted against the drafter. The doctrine is partially forward-looking; it assumes that judges will use their power to induce a rewrite of unsatisfactory contract terms in future contracts with policyholders not before the court. This broad reach of a single judicial opinion may be evaluated as form of the “butterfly effect,” to borrow a concept from chaos theory. “Just as a butterfly flapping its wings in Tokyo can change the weather in London, so too can a judicial decision interpreting contract boilerplate change the meaning of the language in thousands of other contracts governed by the same law.” The concept of a small, discrete action (a court ruling) having a vast effect on countless unrelated parties (as controlling or persuasive legal authority) is a useful concept by itself. But the concept within chaos theory offers more. When scientist Edward Lorenz asked the question—“Does the flap of a butterfly’s wings in Brazil set off a tornado in Texas?”—the purpose of the

/pdf/the-unpredictability-of-insurance-interpretation-8b9pz0mqsb.pdf

The Unpredictability of Insurance Interpretation

This article addresses, in general, the occurrence clause in comprehensive general liability policies and, inparticular, the Third Circuit's recent holding in Chemical Leaman that under New Jersey law a subjective standard should be applied in determining whether an insured expected or intended environmental damage. Chemical Leaman follows the New Jersey Supreme Court's decision in Morton as to how the occurrence clause should be analyzed in environmental coverage disputes, a decision also known for its regulatory estoppel holding on the pollution exclusion clause. The majority in Chemical Leaman concluded that Morton requires a subjective standard because, among other things, that standard comports with the twin policy goals of deterring wrongful conduct, while maximizing the amount of compensation available for injured third parties.

Third circuit rules occurrence clause requires subjective intent to injure in environmental coverage disputes

The expected or intended defense: Litigants turn on the discovery channel

/pdf/clearing-muddy-waters-anatomy-of-the-comprehensive-general-aa38nc0hki.pdf

Clearing Muddy Waters: Anatomy of the Comprehensive General Liability Pollution Exclusion

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Clearing Muddy Waters: Anatomy of the Comprehensive General Liability Pollution Exclusion