summary: "This e-book was once written with the aim of redefining the strategic position of worldwide seaports within the current "Post-New economic system Era." Ports are those extraordinary human structures that over centuries replicate the epitome of worldwide evolution, fiscal development, and innovation. As 70.8% of the worldwide floor is roofed via water, seaports mirror all sovereign international locations' political superiority and fiscal prosperity. Ports are the pillars of world economic climate, alternate, and delivery: eighty% of world commodities are carried by means of water; over 4000 seaports, harbors and inland waterways, and a number of terminals in line with port facilitate international alternate by way of serving over 50,000 oceangoing ships whereas producing over 30% of the worldwide GDP on an annual foundation. traditionally, the increase and fall of empires were linked to seaports, both via naval battles every now and then of struggle or via sea alternate and shipping from time to time of peace. actually, superpowers and strong economies express their long-standing energy and dominance via seaports. The delivery has exceptional intensity, standpoint, and constitution, and it contains a plethora of sciences and humanities: for maritime execs to outlive during this hugely aggressive, speedily altering surroundings, they should own either useful and theoretical wisdom of as many disciplines as attainable, together with strategic pondering; worldwide economics; political technological know-how; legislation and rules on safeguard, safety, the surroundings, etc; exchange agreements between international locations; contracts; naval structure; novel send designs; rising applied sciences; engineering; navigation; advertising and marketing; hazard administration; emergency reaction; incident research and root reason research; oceanography and climate reports; operations; bunkering; the strength markets; significant international commodities, logistics, and rather a lot more--Preface."
A multidisciplinary and obtainable advent to humanity's favourite constitution: the bridge.
Whether you're a scholar contemplating a profession in civil engineering and transportation making plans, a public respectable drawn to the way forward for infrastructure, or anyone who easily cares approximately bridges, this publication bargains an obtainable and illustrated advent to the main cherished characteristic of our equipped setting. know about engineering fundamentals: the forces that bridges needs to face up to to stick aloft and the rules through which engineers come to a decision which kinds of bridges make feel at which internet sites. learn how engineers shield bridges from their maximum threats—the earthquakes, floods, and different dangers which could reason catastrophic damage.
relocating from engineering to making plans, find out how we choose even if a bridge is worthy development within the first position, find out about arguable positive aspects of cost-benefit research, and in regards to the transportation versions wherein planners forecast bridge results on site visitors styles. examine a occasionally intractable challenge: why a venture frequently creeps alongside for a decade or extra to get from preliminary reports to the day the ribbon is reduce, present process great rate escalations. additionally discover the environmental effect of bridges, and the which means of a "sustainable bridge," and even if bridges may once more be equipped, like historic Roman ones, to final 1000 years.
This booklet offers the environmental heritage of the Delta of the lowland rivers Rhine and Meuse, an ecological tale on evolving human–environmental kinfolk dealing with weather swap and sea-level upward push. It bargains a mixture of in-depth ecology and environmental historical past, facing exploitation of land and water, using every little thing nature supplied, the improvement of fisheries and agriculture, adjustments in biodiversity of upper vegetation, fish, birds, mammals and invasive exotics. it's the first finished e-book written in English at the built-in environmental background of the Delta, from prehistoric occasions as much as the current day. It covers the l- acy of human intervention, the inescapable destiny of reclaimed, however subs- ing and sinking polders, 'bathtubs' attacked via a number of floods, reclaimed within the heart a long time and unwittingly uncovered to the emerging sea point and the expanding amplitude among low and high water within the rivers. The river channels, constricted and controlled among embankments, misplaced their flood plains, silted up, degraded and incised. Cultivation of raised lavatory deposits ended in oxidation and compacting of peat and clay, leading to revolutionary subsidence and flooding; arable land needed to be became grassland and wetland. For millennia muscular energy and wind and water powers moulded the rustic into its easy shape. From 1800 onwards, acceleration and scaling up by way of steam energy and electrical energy, and exponential popu- tion development, ended in the erection of human constructions 'fixed forever', and critical strain at the environment.
Mapping girls, Making Politics demonstrates the a number of ways that gender affects political techniques and the politics of area. The booklet starts through addressing feminism's theoretical and conceptual demanding situations to standard political geography and than applies those views to quite a number settings and themes together with nationalism, migration, improvement, diplomacy, elections, social activities, governance and the surroundings within the international North and South.
The provisional urban is one in all consistent erasure and eruption. via what Dana Cuff calls a ''convulsive city act,'' builders either private and non-private demolish an city web site and disband its population, exchanging it with a few imaginative and prescient of a higher lifestyles that leaves no hint of the previous constitution. Architects carry their very own utopian goals to the method. during this publication Cuff examines these convulsions via underestimated dimensions of architectural and concrete shape: scale and the politics of estate. Scale is in detail tied to measure of disruption: the bigger a project's scale, the larger the upheaval. As either tradition and geography, genuine property performs an both major position in city formation. concentrating on la, Cuff appears at city transformation in the course of the structure and land improvement of large-scale residential initiatives. She demonstrates the inherent instability of very huge websites. Having created perverse renditions of the very difficulties they sought to resolve, for instance, public housing tasks that underwent upheaval within the Nineteen Forties and Fifties are doing so back. Cuff explores 5 situations that span the interval from the Nineteen Thirties, while federal help for slum clearance and public housing brought on convulsions close to downtown, to an important Nineties' mixed-use improvement on certainly one of Los Angeles's final final wetlands. the tale takes us from the sophisticated modernist structure of Richard Neutra to the self-conscious populism of the recent Urbanism. The circumstances remove darkness from the connection of housing structure to problems with race, category, city layout, geography, and political ideology.
Africa is altering and one could fail to remember how decentralization, democratization, and new different types of illiberalism have reworked federalism, political events, and native politics. Chapters on Kenya, Nigeria, Ethiopia, and South Africa aid fill an immense hole in comparative institutional learn approximately nation and native politics in Africa.
The sensible value of variety and equality for spatial making plans and sustainable improvement remains to be now not broadly understood. utilizing foreign examples, this e-book indicates planners and educationalists some great benefits of development in a attention of variety and equality at every one degree and point of planning.Despite being the most assorted and gender balanced of the outfitted atmosphere professions, complacency has been common in making plans. This ebook indicates why a various occupation is necessary and drawing on a variety of stable perform, indicates how these taken with making plans can improve their sensitivity to and services in variety and equality.
Sustainable Brownfield Regeneration offers a complete account of united kingdom guidelines, techniques and practices in brownfield regeneration and takes an built-in and theoretically-grounded method of spotlight most sensible practice.
Brownfield regeneration has turn into a big coverage driving force in constructed nations. it truly is predicted that there are 64,000 hectares of brownfield land in England, a lot of which offers serious environmental demanding situations and lies along one of the most disadvantaged groups within the nation. Bringing such land again into energetic use has taken on a brand new urgency between policymakers, builders and different stakeholders within the improvement method. often, although, coverage pondering and perform has been underpinned via 'silo' mentalities, within which built-in and multidisciplinary methods to problem-solving were limited.
The publication has vital goals. the 1st is to check the ways that technological know-how and social technology learn disciplines could be introduced jointly to aid clear up vital brownfield regeneration matters, with a spotlight at the united kingdom. the second one is to evaluate the potency and effectiveness of other kinds of regeneration coverage and perform, and to teach how 'liveable areas' may be made out of 'problem places'. The Thames Gateway within the south of britain and bigger Manchester within the North of britain are proven as examples of ways brownfield regeneration initiatives are constructing in an period the place sustainability is excessive at the coverage agenda.


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Montrose Ruling: The New Montrose, Elective Stacking and Vertical Exhaustion
Montrose ruling
Just when you thought it was easy to understand…
Just when you thought it was easy to understand elective stacking and vertical exhaustion, the California Court of Appeal (Montrose Chemical Corporation of California v. Superior Court, 14 C.A.5th, 1306 (8/31/17, modified 9/8/17) demands that one actually read the policies involved. Montrose Chemical Corporation manufactured and distributed DDT between 1947 and 1982 in Torrance, California. Ultimately, they were sued for causing continuous environmental damages in the Port of Los Angeles. In this case, Montrose made a valiant effort to short circuit their massive coverage litigation involving years of primary and excess coverage and asserted that they could make an elective stacking of policies and vertically exhaust the primary and excess policies in a single year (or selected years). Not without reason, the excess carriers involved disputed the Montrose position and basically asserted that horizontal exhaustion of primary policies across all years was required.
The Court of Appeal, under orders from the California Supreme to evaluate the issue, rejected the Montrose Argument for Elective Stacking and Vertical Exhaustion based on the specific language of the Excess insurance policies involved. In effect, the court required the trial court in this case, and other cases like it, to make a detailed comparative analysis of the various coverage provisions contained in each policy to determine the relative positions of each carrier.
Coverage counsel and insurance experts will love this case. It is the full employment act of 2017. It may also provide some incentive to insurance brokers to more carefully advise their clients as they add multi layers of overage to each additional year. In this case, where the policy holder is liable for continuing injury that is potentially covered by primary and excess policies in multiple years, Montrose advocated an "elective stacking" approach. In this context, Montrose argued it was entitled to elect to proceed vertically to exhaust policies for a single coverage year, once the underlying policy exhaustion provisions were satisfied.
Horizontal exhaustion – Selective vertical exhaustion
The "Continental" excess insurers advocated a horizontal exhaustion. They contended that the excess policies at issue contain provisions "that make them excess to vertically underlying policies in the same policy period, "plus other valid and collectible insurance," that is, other insurance that is not vertically underlying (including primary policies in other implicated policy periods) and is also triggered by the same occurrence."
Travelers, in this case, also argues that the matter is premature because Montrose has not demonstrated that it has exhausted its underlying primary policies; it only "contends that the liability in the case exceeds the policy limits of the primary policies it has elected to exhaust. (The court never reached this issue)
The court held that Montrose was not entitled to the relief it sought as a matter of law (selective vertical exhaustion), but also held that the lower court's decision was not one it could adopt either. The lower court had required that all horizontal policies had to be exhausted before the excess policies were implicated. The Appellate court in this Montrose case refused to adopt a single exhaustion scheme that applies to Montrose's entire coverage portfolio, and instead directed that each policy be interpreted according to its terms. Thus, the relative terms of policies initially thought to be primary may actually render one excess to the other. ("However, other insurance clauses may be relevant to determining whether two policies provide the same level of coverage—and thus, the order in which excess policies attach"). (Montrose, 14 C.A. 5th 1306, Parag. B8)
The court discussed the definition of Primary and Excess insurance and pointed out that Excess Insurance (1) can be written as excess to specifically identified coverage or coverage provided by a particular insurer; or, it can be written as coverage in excess of an identified primary policy and the "applicable limits of any other underlying insurance providing coverage to the insured", or words to that effect.
In an earlier decision, State of California v. Continental Ins. Co. (2012) 55 Cal 4th 186 the California Supreme Court had permitted the stacking of policies and vertical exhaustion of the excess carriers above the primary. But in this Montrose case the court pointed out that in Continental the primary carriers had "all sums" coverage which permitted stacking absent anti stacking language in the policy. In Montrose, not all primary carriers had "all sums" coverage language, which suggested complete horizontal primary exhaustion may not be appropriate.
Thus, the court rejected Montrose' argument that Continental case held that insureds covered by multiple policies are entitled to "select which policy(s) to access for indemnification in the manner they deem most efficient and advantageous. The court said Continental reaffirmed the principle that insurance policies must be interpreted according to their terms, even if alternative allocation schemes might be more desirable. It also pointed out that Continental did not decide when a higher level excess policy is triggered in the context of a long tail environmental claim.
Montrose Chemical Corporation of California location (shown on map) and area affected by dumping of DDT toxic waste.
Montrose Ruling – Image info and source
Montrose Ruling – Excess Policies
After making that analysis and reviewing the policies, the court noted several provisions in the excess policies that required them to reject the Montrose argument that the excess policies attach upon the exhaustion of lower layer policies within the same policy period. For example:
The insuring agreements in some excess policies had language that provided that the excess policies were not triggered until exhaustion "of all available insurance"
The Retained Limit Clause may have language stating the company's liability is limited to ultimate net loss in excess of the insured's retained limit, which is defined as the greater of the total of the applicable limits of the underlying policies listed in the declarations, "and any other underlying insurance collectible by the insured".
The "other insurance clause" may, in effect, provide that the policy at issue is excess to both scheduled and unscheduled policies using language such as: "if other collectible insurance is available to the insured covering a loss also covered hereunder, this policy shall be in excess of and not contributory with such other insurance".
The definition of "loss" in terms of other insurance may affect the priority; the policy may use the following language: "the sums paid as damages in settlement of a claim or in satisfaction of a judgment …after making deductions for all recoveries, salvages and other insurance (whether recoverable or not) other than the underlying insurance and excess insurance purchased specifically to be in excess of this policy;
"Other Insurance clauses which negate coverage"; Some policies have language in the Other Insurance clauses that say there is no coverage if the insured has other insurance.
The court specifically stated that each policy had different language and that each policy had to be analyzed separately.
Conclusion – The Montrose Ruling Future Outlook
The courts requirement that each policy of insurance be analyzed separately and carefully with respect and relative to each other is not surprising given the analysis put forth by the California Supreme Court in cases such as State of California v. Continental (supra). One can expect that every coverage case involving multiple layers of insurance will require this level of analysis. Of course, a hearing before the California Supreme Court will, likely be requested to allow the court to clarify any inconsistencies between Montrose and the Continental case.
"Montrose Ruling Breaking News: As expected, the Montrose case went to the California Supreme Court in the form of a Petition for Review. Review was granted by the Court on November 29, 2017. The case will be briefed and argued in due course. Expect at least 9 months to a year before oral arguments are set in this matter." Latest update May 2018.
Read more about insurance-related California Supreme Court Pending Cases, our Areas of Expertise and The Anderson Edge Insurance Expert Witness Services.
"Access to original briefs on the Montrose Case. See the links listed in the following publication sent out by the California Supreme Court."
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By TheAndersonEdge|2020-02-13T23:59:47+00:00November 8th, 2017|Court Cases, Montrose Rulings, Pending|
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Robert M. Anderson is a highly experienced insurance executive and founder of The Anderson Edge. In addition to insurance consulting services, he provides expert witness testimony for litigated cases involving insurance.
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