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.
Hear Associate Reporter Wenona Singel discuss Indian child welfare – the history and the clarity that the Restatement will offer.
Rape is redefined in gender equality terms by eliminating consent, an intrinsically unequal concept, and reconceiving force to include inequalities. International developments recognizing sexual assault as gender crime reveal domestic law’s failures and illuminate a path forward. A statutory proposal is offered.
Kevin Reitz discusses the Model Penal Code: Sentencing project and how it tackles the problem of correctional overcrowding, not just in prisons, but in all criminal sanctions.
In this video, Reporter Tom Baker and Associate Reporter Kyle D. Logue discuss the Restatement of the Law, Liability Insurance, project and the interest it has generated.
In an opinion filed on August 3, 2016, the Texas Court of Appeals reinstated state court jurisdiction in an Indian Child Custody Dispute.