National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: Aylward

ALI Restatement Set For Vote on Tuesday

Posted in Uncategorized
The Restatement of the Law of Liability Insurance is scheduled for a debate and vote at the ALI’s Annual Meeting in Washington, D.C. on Tuesday, May 23.  To the surprise of many, however, the ALI announced this morning that any final vote on the project as a whole will be deferred until May 2018 to… Continue Reading

New Challenge to the ALI Restatement (Part Two)

Posted in News
In my post earlier today, I referenced the April 5 letter that the ALI has received from the Idaho Insurance Commissioner urging delay so that state regulators can have input concerning the final text of the Restatement of the Law of Liability Insurance.   I neglected to add that the ALI had earlier also posted a… Continue Reading

New Challenge to the ALI Restatement of the Law of Liability Insurance?

Posted in Bad Faith/Extra Contractual, Legislation, Liability Coverage, News
After seven years and countless drafts and revisions, the American Law Institute’s Restatement of the Law of Liability Insurance is scheduled for a final vote at the ALI’s Annual Meeting in Washington, D.C. on May 23, 2017.  Even as the project Reporters (Professors Tom Baker and Kyle Logue) start to contemplate life after this Restatement,… Continue Reading

American Law Institute Votes to Approve Restatement of Liability Insurance

Posted in Liability Coverage
Houston, we have an insurance Restatement.  Well, almost. The American Law Institute voted at its annual meeting in Washington, D.C. yesterday  to approve Chapters One, Two and Three of the Restatement of the Law of Liability Insurance.  The final vote came at 5:42 p.m. after three hours of debate and nearly a dozen substantive motions by… Continue Reading

When Does The Statute of Limitations For An Insurer’s Failure to Settle Run?

Posted in Bad Faith/Extra Contractual
Although bad faith lawsuits against liability insurers for failing to settle within policy limits are all too common, there is significantly less case law addressing the issue of when such a cause of action accrues and, in particular, whether bad faith suits filed years after the fact may therefore be time-barred by applicable state statutes… Continue Reading

More Tripartite Trouble In Big Sky Country?

Posted in News
Fourteen years ago, the Montana Supreme Court heard a legal challenge that defense lawyers had brought against efforts by insurers to impose greater controls over case handling and billing.  The resulting decision in In Re Rules of Professional Conduct 2 P.3d 806 (Mont. 2000) put Montana at the forefront of the tripartite wars that were raging at… Continue Reading

Missouri Bar Against Negligence Claims Against Churches Bars Coverage For Clergy Abuse Suit

Posted in Liability Coverage
When is it unreasonable for an insurer to benefit from a policyholder’s legal strategy in defending the underlying claim that the insurer is contesting coverage for? That was the question posed to the U.S. Court of Appeals for the Eighth Circuit in its consideration of a recent Missouri sexual abuse case in Chicago Ins. Co. v.… Continue Reading

New Consequences For Failing to Defend in West Virginia?

Posted in Bad Faith/Extra Contractual
The federal Fourth Circuit, which has historically had a reputation as being among the more conservative jurisdictions with respect to insurance coverage issues, has issued an unpublished opinion, declaring for the first time that policy holders may recover damages for “aggravation” and “inconvenience” resulting from the refusal of an insurer to provide a defense owed under… Continue Reading

The Most Important Coverage Rulings of 2013: Part I

Posted in News
 2013 was a year of triumph and tragedy for insurers. Positive financial results and the absence of domestic natural catastrophes such as Superstorm Sandy help to buoy the bottom line while the Marathon bombings in Boston and growing data concerning global warming raised the spectre of future uncertainty in underwriting risk. Disputes over the scope… Continue Reading

Women In Insurance Networking Event: October 15 (Chicago)

Posted in News
There’s a great event going on in Chicago next month that I’m not invited to.   I’m ok with that because a bunch of friends are organizing it and I might stick out like a sore thumb. The second annual Women in Insurance (WIN) Networking CLE Workshop, sponsored by the Insurance Coverage Litigation Committee of the… Continue Reading

ALI Adopts Tentative Draft No. 1

Posted in News
The American Law Institute voted yesterday to adopt most of Chapters One and Two of the proposed Principles of the Law of Liability Insurance.   Although the spirited debate concerning some of these provisions prevented the ALI from considering Section 16-23 of Tentative Draft No. 1, the ALI did approve those portions of the draft dealing with principles… Continue Reading

The ALI Principles: Amendments

Posted in News
With the American Law Institute set to vote Monday afternoon on the first 23 sections of The Principles of the Law of Liablity Insurance, SNR Denton’s Bill Barker has circulated a draft amendment to Section 7 that would only allow insurers to rescind policies if an insured’s material misrepresentation was either intentional or reckless.   As… Continue Reading

ALI Principles: The Debate Begins

Posted in News
The American Law Institute will be considering Tentative Draft No. 1 of the Principles of the Law of Liability Insurance from 2 to 5 p.m. next Monday at its annual meeting in Washington, D.C.   As previously reported, this draft encompasses Chapters One and Two of the Principles, encompassing a wide-ranging series of topics concerning policy interpretation,… Continue Reading

Massachusetts Insurance Appellate Update

Posted in News
  The Supreme Judicial Court of Massachusetts heard oral argument this week in three interesting insurance coverage disputes.   Rulings are likely by Labor Day. On Tuesday, a policyholder argued in Golchin v. Liberty Mut. Ins. Co., SJC-11305 that a Worcester Superior Court judge erred in granting Liberty Mutual’s motion for judgment on the pleadings on… Continue Reading

The Case of the Vanishing Self-Insured Retention

Posted in Liability Coverage
Rather than declaring that self-insurance is void as against the public policy of Rhode Island, the Supreme Court instead interpreted 42-14.1-2(a) as only allowing self-insurance to the extent that it is permitted by regulations issued by the Department of Business Regulation. As the DBR has not promulgated any such regulations to date, the court declined to give effect to the SIR provisions in the Columbia Casualty policy.… Continue Reading

South Carolina Supreme Court Upholds CD Statute But Only Prospectively

Posted in Liability Coverage
Insurance coverage practitioners in South Carolina may hardly be blamed if  suffer headaches from the vertiginous swings of the South Carolina Supreme Court with respect to the scope and availability of coverage for construction defect claims.  In a series of rulings over the past several years, the state Supreme Court has “clarified” the law several… Continue Reading