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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