Liability Insurance Posts

Duty to Make Reasonable Settlement Decisions

The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.

Insurance Coverage for Cyber Risks

When it comes to insurance coverage for cyber risks, uncertainty continues to reign supreme. Cyber liability insurance is constantly evolving, and while dozens of insurers currently offer a cyber liability product, coverages are not standard from policy to policy.

Additional Insured By Written Contract Clause Construed to Bar Coverage

Not all additional insured clauses are the same. In this post, we discuss what a New York appellate court recently called an “additional insured by written contract” clause. The language of an additional insured clause may make all the difference as to whether a party is covered as an additional insured or not.

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

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.

Liability Insurance Project Update

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.

Liability Insurance in Rutgers Law Review

Rutgers Law School dedicated its Fall 2015 Law Review to the discussion of the Restatement of the Law, Liability Insurance project. The issue, which includes several pieces contributed by ALI members, was drafted in follow-up to a conference held at Rutgers Law School.