Real life examples relating to definitions

A definition worth US$$3.5 billion

NEW YORK - An overflow crowd gathered at the normally sleepy Second Circuit Court of Appeals to hear an extended argument on the meaning of the word "occurrence." Interest in the question was intensified by the fact that $3.5 billion could be riding on the answer.

The three-judge court sitting in Manhattan was hearing arguments in the World Trade Center insurance litigation in which Larry Silverstein, who holds a 99-year lease for the buildings that were destroyed in the Sept. 11, 2001, terror attacks, is claiming that he is entitled to recover $7.1 billion from the 22 insurers of the properties, twice the ostensible policy limit, on the ground that the attack of the center was two occurrences, not one. Otherwise, he would be stuck with the $3.55 face value of the policies. - 23 July 2003

[From Forbes, 07.23.03]

NEW YORK - A federal appeals court in a ruling issued today, substantially affirmed the position taken by the insurance industry that Silverstein Properties, the leaseholder to the devastated World Trade Center, likely can claim no more than the $3.5 billion insurance policy limit.

While the appeals court did allow for a jury trial concerning the interpretation of certain terms in the contracts with 22 insurers, the court largely upheld the insurers' claim that Silverstein itself advocated a definition that would preclude its theory that the attack on the buildings should be considered two "occurrences" allowing for two separate insurance claims. The decision leaves in doubt Silverstein's financial ability to rebuild the Ground Zero site. - 26 Sept 2003.

Judge: Fetuses do not count in carpool lanes

11 Jan 2006 PHOENIX (AP) - Fetuses do not count as passengers when it comes to determining who may drive in the carpool lane, a judge ruled. Candace Dickinson was fined $367 for improper use of a carpool lane, but contended the fetus inside her womb allowed her to use the lane. Motorists who use the lanes normally must carry at least one passenger during weekday rush hours. Municipal Judge Dennis Freeman rejected Dickinson's argument Tuesday, applying a "common sense" definition in which an individual is someone who occupies a "separate and distinct" space in a vehicle. "The law is meant to fill empty space in a vehicle," the judge said. Sgt. Dave Norton stopped Dickinson's car Nov. 8. When asked how many people were in the car, Dickinson said two, pointing to "her obvious pregnancy," the officer said. - ©The Associated Press

Definitions of "wages"

In Lating Agnes v Lisbeth Enterprises Ltd [2005], the Hong Kong Court of Apeal reaffirmed that the term "wages" under Hong Kong's Employment Ordiance include non-gratuitous commissions. This means that commissions must be taken into account in calculating statutory entitlements.

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