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Waiver and Estoppel – Part 2

Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 18, 2018 | Liability Insurance

The following entry contains the complete text of the Black Letter, Comments, and Reporters’ Notes from Proposed Final Draft No. 2 of Section 6. Estoppel. § 6. Estoppel A party to an insurance policy who makes a promise or representation that can reasonably be...

Waiver and Estoppel – Part 1

Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 17, 2018 | Liability Insurance

The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver. REPORTERS’ NOTE (abridged) a. The function of waiver. The general contract doctrine of waiver is discussed in Restatement Second,...

Plain Meaning and Ambiguous Terms

Jennifer Morinigo, Tom Baker and Kyle D. Logue | May 3, 2018 | Liability Insurance

Since the 2017 Annual Meeting, many changes have been made to the Liability Insurance project draft.  Sections 3 and 4, The Plain-Meaning Rule and Ambiguous Terms, have both been significantly revised to reflect the decision to adopt a plain meaning rule. Black letter...

Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies

Jennifer Morinigo, Tom Baker and Kyle D. Logue | April 25, 2018 | Liability Insurance

In the video below, Liability Insurance project Reporter Kyle Logue discusses Long Tail Claims, and the issues surrounding them.  Included below the video is the Black Letter and Comment from the 2018 Annual Meeting draft. § 41. Allocation in Long-Tail Harm Claims...

In Defense of the Restatement of Liability Insurance Law

Tom Baker and Kyle D. Logue | May 17, 2017 | Liability Insurance

Abstract For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to “restate” the...
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