Discussion
No, I do not believe that the trial Court erred when it found that Illinois National “pollution exclusion” clause precluded coverage in the case between United Milwaukee and Advanced Waste. In order to make a successful claim, Advanced Waste Service Inc. would have had to make a clear argument that the language of the “total pollution exclusion” does not address the undisputed factual issues involved in this case and thereby mandating coverage. I do not believe the Court of Appeals should reverse the district courts ruling and grant a judgment mandating coverage. Therefore, the Trial court’s granting of summary judgment in favor of Illinois National should be upheld.
I. How to interpret the language of Insurance Policies
The language of insurance policies in nuanced with items that will be covered and items that will be excluded. The insurance policy analysis begins with the proposition that overage exists, and that coverage only ceases to exist in the exclusion applied the guiding exception that the drafter has the discretion to include. (Rec-11). Absent a specific exclusion, coverage exists. (Rec-11).
The court’s general goal in interpreting an insurance policy, is similar to their goal when interpreting a contract, which is to ascertain and carry out the party’s intentions. Hirschhoren v. Auto-Owners Insurance Company 338 Wis.2d 761, ¶ 22, 809 N.W.2d 529, 2012 WI 20 (2012). When making this analysis of the policy language, courts will try and best “interpret
The trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. [No opinion issued from this court]
Rule: In this case, the rule of law that was used to make the decision was rules surrounding contractual provisions, “even when the trial judge adopts proposed findings verbatim, the findings are those of the court and may be reversed only if clearly erroneous” and also the conflict of law principles of
This includes any such benefits for which the Insured Person or the Insured Person’s family is eligible or that are paid to the Insured Person, to a third party on the Insured Person’s behalf, pursuant to any:
In the sermon “Sinners in the Hands of an Angry God” by Jonathan Edwards, Edwards uses vivid imagery and comparisons to convey his message to the Puritans that the only thing keeping them from falling into Hell is God. Edwards’ purpose for delivering this sermon is to scare the Puritans into repenting for their sins, ‘doing the right thing’ and turning to God.
The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.
In Maryland, insurance policies are generally construed in the same manner as contracts. Collier v. MD-Individual Practice Ass 'n, Inc., 327 Md. 1, 5, 607 A.2d 537 (1992). An insurance contract, like any other contract, is measured by its terms unless a statute, a regulation, or public policy is violated thereby. Pac. Indem. Co. v. Interstate Fire & Cas. Co., 302 Md. 383, 388, 488 A.2d 486 (1985). We do not follow the rule, adopted in other jurisdictions, that an insurance policy is to be construed most strongly against the insurer. Collier, 327 Md. at 5; Cheney, 315 Md. at 766. We construe the instrument as a whole in order to determine the parties’ intent. Pac. Indem., 302 Md. at 388; Collier, 327 Md. at 5; Aragona v. St. Paul Fire & Marine Ins. Co., 281 Md. 371, 375, 378 A.2d 1346 (1977). In order to determine the intention of the parties, “Maryland courts should examine the character of the contract, its purpose, and the facts and circumstances of the parties at the time of execution.” Pac. Indem., 302 Md. at 388 (citations omitted). In doing so, we give the words their usual, ordinary, and accepted meanings. Id.; Mut. Fire Ins. Co. v. Ackerman, 162 Md. App. 1, 5, 872 A.2d 110 (2005) (citing Nationwide Mut. Ins. Co. v. Scherr, 101 Md. App. 690, 695, 647 A.2d 1297 (1994)). The test is what meaning a reasonably prudent layperson would attach to the term. Pac. Indem., 302 Md. at 388.
(f) Eliminating Annual Limits on Insurance Coverage. The law prohibits plans from imposing annual dollar limits on the amount of coverage an individual may receive.
State Farm has asked whether it has a duty to defend the insured pursuant to the insured’s homeowners policy. It is our opinion that State Farm has no duty to defend the insured under the insured’s homeowners policy. The insured’s homeowners policy entitled the insured to a defense for “a suit brought against an insured for damages because of bodily injury or property damage to which this coverage applies, caused by an occurrence.” In this case, these elements initially triggering the insured’s homeowners policy are likely satisfied. Nevertheless, the SECTON II – Exclusions section provides that the liability coverage does not apply to any of the fifteen exclusions specifically enumerated therein.
The Eighth Circuit of United States Court of Appeals did not apply the law correctly and the honorable Supreme Court shall rule in favor of the appellants .
The use of what are now considered illegal drugs date back as far as 300 BC in many different places of the world. Historically, it has not only been criminals that used illegal drugs. Drugs were used for many things including medicinal purposes, spiritual enlightenment, rituals, as well as for recreation. They were also used by many different cultures, age groups, and social classes. There was a time when the only thing around to alleviate physical pain either from illness, injury, or even during the process of dying were some of these drugs. There were no illegal drugs in the United States until the mid-nineteenth century. This is an essay on 12 of these illegal drugs individually as reported on in the History Channels documentary “Hooked, Illegal Drugs and How They Got That Way”.
I decided to further my education Langston University because I believed it would suit me best. I aspired to move away from home, but I didn’t want to go too far. The college is also an HBCU; at an HBCU you get to partake in a whole different lifestyle and I want to be a part of that experience. In addition, the college offered a personal room, and in my opinion it is always better to have privacy. Lastly, the tuition is affordable versus many other D1 university and PWI’s.
Answer: Property and casualty insurance protects property (houses, cars, boats, and so on) against losses due to accidents, fire, disasters, and other calamities. Property and casualty policies tend to be short-term contracts and, that’s why the subject to frequent renewal is, and one more characteristic feature is the absence of savings component. Property and casualty premiums are based on the probability of sustaining the loss. To estimate the key determinant of the price of an insurance policy, i.e. risks, insurance companies take third-party proceedings that develop models of catastrophe loss probabilities. Based on the numbers form Exhibit 5 of the case we see that
It is difficult to control pollution, particularly if an archival institution is in an urban area, as most national or state institutions are. Ideally, the institution will install filter systems to filter out polluting air particles. This is often not possible, as it is quite expensive and requires high maintenance. Alternative strategies for controlling the effects of pollution include storing poor quality paper products, such as newspapers, separately from archives, so that the pollutants generated when the newspapers deteriorate are not transferred to valuable materials, storing records in boxes, containers or file cabinet to keep out dust and dirt, sealing untreated wood such as shelving with an interior latex paint, not an oil based paint,
Pollution has become a heated issue in recent years. The destruction of the environment along with serious health problems are the eventual effects. The extensive use and availability of automobiles, tremendous amounts of production in the booming economy and the constant increase in demand for energy, can be held responsible.
Going through the selected policies. Policies are legally binding. There are consequences in case a party fails to adhere to terms and conditions. Going through terms and conditions of selected covers will help you determine if it suits you or not. A person should go ahead and sign an insurance policy if the terms favor him.