Liability of Insurers for Conduct of Insurer-Retained Defense Counsel under the Restatement, Law of Liability Insurance

Mar 16, 2016 By: John K. DiMugno

The Restatement’s most recent draft replaces the broad rule imposing vicarious liability for the acts of independent contractors with a narrow vicarious liability rule.

Protecting Confidential Communications under the Restatement, Law of Liability Insurance

Mar 8, 2016 By: John K. DiMugno

An issue that has bedeviled insurers and policyholders for years is the extent to which communications between an insured and counsel retained to defend a claim are protected from discovery in subsequent litigation over coverage between the insurer and the insured

Contra Proferentem and “Sophisticated” Insureds under the Restatement Law of Liability Insurance

Mar 1, 2016 By: John K. DiMugno

This post explores the Restatement’s treatment sophisticated insureds, typically large corporations with risk managers and their own insurance brokers.

The Role of Extrinsic Evidence in Resolving Policy Ambiguity under the Restatement, Law of Liability Insurance

Feb 18, 2016 By: John K. DiMugno

If on its face a policy term has more than one meaning to which it is reasonably susceptible, the term does not have plain meaning and it is interpreted under the Restatement’s rules for resolving ambiguity.

The Restatement, Law of Liability Insurance and the Elusiveness of Insurance Policy “Plain Meaning”

Feb 9, 2016 By: John K. DiMugno

Outside the world of insurance policy interpretation, a court’s consideration of extrinsic evidence to alter what appears to be the plain meaning of policy language would not create controversy

The Making of a Restatement

Feb 4, 2016 By: John K. DiMugno

Restatements are the end result of a collaborative and deliberative process among the primary drafters of the Restatement.

Why Every Insurance Lawyer Should Care about the American Law Institute’s Restatement, Law of Liability Insurance

Feb 2, 2016 By: John K. DiMugno

The law of liability insurance is complex and plagued by a lack of consensus among the jurisdictions and often within a jurisdiction.

U.S. Supreme Court Refuses to Enforce Agreement to Permit Class-Wide Arbitration

Jan 29, 2016 By: John K. DiMugno

Last month’s Supreme Court DirectTV ruling holds that a State court’s use of contractual interpretation principles to enforce an agreement to allow class wide arbitration violates the Federal Arbitration Act,

Two Recent Insurance Coverage Decisions May Increase Merger and Acquisition Activity

Sep 29, 2015 By: John K. DiMugno

Two recent court decisions provide relief for successor businesses faced with the prospect of uninsured liability due to the failure to obtain consent when insurance policies were assigned as part of a business reorganization.

The Importance of Context in Insurance Policy Interpretation

Feb 27, 2015 By: John K. DiMugno

Some courts look to the “full context” of the policy provision at issue which may include the “‘broader culture’ of the world at large.”

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