National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: jason seitz

Perspectives on the ALI Restatement: The Plain Meaning Rule or Presumption?

Posted in Liability Coverage, News
The American Law Institute (ALI) voted to approve the Restatement of the Law of Liability Insurance (Restatement) at its annual meeting on Tuesday, May 22, 2018, with sections of the Restatement being debated until the final vote.[1] The debate had resulted in many different drafts of the Restatement, with the Council of Advisors to the… Continue Reading

Allocating Responsibility for Defense and Indemnity Costs Among Multiple Insurers

Posted in Declaratory Judgment Strategy, Duty to Defend, Duty to Indemnify, Excess and Umbrella Insurance, Recent Cases
Analysis of Zurich Am. Ins. Co. v. S.-Owners Ins. Co., 248 F. Supp. 3d 1268, 1276 (M.D. Fla. 2017) In a dispute between two insurers arising from an underlying premises liability action, a federal district court applied Florida law in its analysis of claims for declaratory relief, equitable subrogation, and contribution. In the underlying action,… Continue Reading

A Theoretical Safety on the Trigger of the Duty to Defend

Posted in Duty to Defend, Liability Coverage, News, Recent Cases
The Eleventh Circuit of the United States Court of Appeals recently decided Selective Insurance Company of the Southeast v. William P. White Racing Stables, Inc., et al., 2017 WL 6368843 (December 13, 2017), a case addressing limits upon what facts and legal theories may give rise to a duty to defend. In an unpublished opinion,[1]… Continue Reading