Liability Insurance Posts
As a continuation of our post series that includes content of ALI drafts, we now include Section 42 – Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies.
Notice requirements in liability insurance policies typically require that notice of a claim or lawsuit be given as soon as practicable and in writing to the insurance company. While the exact language differs from policy to policy, the concept of written notice to the insurance company without delay is fairly common.
A draft legal document that could have a profound impact on American law involving liability insurance has some critics and the document’s authors in near total disagreement over whole sections of the draft, and even its overall objective.
A. Hugh Scott of Choate focuses on the Restatement of the Law, Liability Insurance project, which was topic of panel discussion at the Insurance Coverage and Practice Symposium.
At its January 2017 meeting, the Council took several actions concerning project drafts.
The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.
When it comes to insurance coverage for cyber risks, uncertainty continues to reign supreme. Cyber liability insurance is constantly evolving, and while dozens of insurers currently offer a cyber liability product, coverages are not standard from policy to policy.
Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a ResultJoseph Lavitt
This Commentary will consider how proposed section 13 and associated provisions of the proposed Restatement might influence the decision by insurers to defend their insureds, particularly in instances of so-called “legal uncertainty.”
Not all additional insured clauses are the same. In this post, we discuss what a New York appellate court recently called an “additional insured by written contract” clause. The language of an additional insured clause may make all the difference as to whether a party is covered as an additional insured or not.
The Draft Restatement Improperly Limits Use of Extrinsic Evidence in Insurer Decision-Making on Duty To DefendWilliam T. Barker
The thesis of this article is that a liability insurer, in determining whether it has a duty to defend a suit against one claiming to be an insured should be entitled to consider any evidence extrinsic to the complaint against the insured that bears on facts not at issue in the suit it has been called upon to defend; in certain circumstances, it may even be entitled to consider evidence bearing on facts that are at issue in that suit. That issue is now in dispute in the process of drafting a “Restatement of the Law of Liability Insurance.” This article will describe the dispute and criticize both of the competing drafts.