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 Result

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.”

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Enbridge Pipeline Litigation, and Its (Potential) Impact on Tribal Treaty Rights in the Great Lakes

On July 20th of this year, the U.S. Department of Justice and the Environmental Protection Agency filed a lawsuit against Enbridge in the U.S. District Court for the Western District of Michigan relating to a 2010 oil spill into the Kalamazoo river under various federal statutes – along with a proposed Consent Decree.

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