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The Draft Restatement Improperly Limits Use of Extrinsic Evidence in Insurer Decision-Making on Duty To Defend

William T. Barker | September 5, 2016 | Liability Insurance

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...

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