stacking. 1. Insurance. The process of obtaining benefits from a second policy on the same claim when recovery from the first policy alone would be inadequate. [Cases: Insurance 2108, 2799. C.J.S. Insurance §§ 1676, 1680.] judicial stacking. The principle that a court can construe insurance policies to permit stacking, under certain circumstances, when the policies […]
statute of limitations. 1. A law that bars claims after a specified period; specif., a statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered). • The purpose of such a statute is to require diligent prosecution of
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tribute (trib-yoot), n. 1. An acknowledgment of gratitude or respect. 2. A contribution that a sovereign raises from its subjects to defray the expenses of state. 3. Money paid by an inferior sovereign or state to a superior one to secure the latter’s friendship and protection.
generic name. Trademarks. A term that describes something generally without designating the thing’s source or creator, such as the word “car” or “sink.” • A generic name cannot be protected as a trademark for the thing it denotes; e.g., “Apple” can be a trademark for computers but not for apples. — Also termed generic term;
proprietary information. Information in which the owner has a protectable interest. See TRADE SECRET. [Cases: Contracts 118. C.J.S. Contracts §§ 267–268.]
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species (spee-sheez). 1. A taxonomic class of organisms uniquely distinguished from other classes by shared characteristics and usu. by an inability to interbreed with members of other classes. endangered species. A species in danger of becoming extinct; esp., under federal law, a species that is in danger of extinction throughout all or a significant part
beneficium separationis (ben-[schwa]-fish-ee-[schwa]m sep-[schwa]-ray-shee-oh-nis). [Latin “privilege of separation”] Roman law. The right of a creditor of the deceased to have the property of the deceased separated from an heir’s property. • This separation protected the creditors by ensuring that the deceased’s property was not used to pay the heir’s creditors. — Also termed separatio bonorum.
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The product of creative expression, such as literature, music, art, and graphic designs. • Copyright protects a work of authorship if it meets three criteria. First, the work must be original, not a copy. Second, the work must be presented in a fixed medium, such as a computer disk, a canvas, or paper. Finally, some
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honorable-engagement clause. Reinsurance. An arbitration provision in a reinsurance contract allowing the arbitrators to view the reinsurance arrangement reasonably — in line with the agreement’s general purposes — rather than strictly according to the rules of law or an overly technical interpretation of contract language. [Cases: Insurance 3626. C.J.S. Insurance § 1516.]
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