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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...

The Insurer’s Duty to Make Reasonable Settlement Decisions

Kyle D. Logue and Tom Baker | April 20, 2017 | Liability Insurance

As a follow up to our post on the Council Draft text of this section,  we now present the test from the Proposed Final Draft of  Section § 24 – The Insurer’s Duty to Make Reasonable Settlement Decisions. The Black Letter and Comment were modified from what...

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

Kyle D. Logue and Tom Baker | April 4, 2017 | Liability Insurance

As a continuation of our post series that incudes content of ALI drafts, we now include Section 42 – Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies.   Due to the length of the Section, full black letter and the first paragraph of each comment...

Notice to Carrier Means Notice to Carrier

Larry P. Schiffer | March 31, 2017 | Liability Insurance

Notice requirements in liability insurance policies typically require that notice of a claim or lawsuit be given as soon as practicable and in writing to the insurance company. While the exact language differs from policy to policy, the concept of written notice to...

Legal experts battle over proposal to clarify law covering liability insurance for ALI

W.J. Kennedy | March 10, 2017 | Liability Insurance

A draft legal document that could have a profound impact on American law involving liability insurance has some critics and the document’s authors in near total disagreement over whole sections of the draft, and even its overall objective. Some legal experts say the...
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