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

Do Millennials Want Mortgages?

Mar 4, 2016 By: Andrea Lee Negroni

There’s a lot riding on whether Millennials choose homeownership.

Recent methods employed in selecting bellwether cases in mass tort litigation

Mar 1, 2016 By: Paul D. Rheingold

All recent mass tort cases have employed the method of selecting lead cases to go forward, a process universally known as bellwether selections.

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.

Changing plaintiffs’ standard gives defendants cheap judgments: Unintended consequences?

Feb 24, 2016 By: Dennis Wall

Under changes made by the Roberts Court, if the judge does not think that a complaint is “plausible,” then it isn’t. The complaint will be dismissed.

Auditing Corporate Records

Feb 23, 2016 By: Ed Dietel

The importance and benefits of auditing corporate records are many.

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.

Federal Judge Tells U.S. to Try Again in Florida False Claims Act Case

Feb 9, 2016 By: George F. Indest, III

On January 7, 2016, U.S. District Judge Timothy J. Corrigan, granted Liberty Ambulance Service Inc.’s motion to dismiss but allowed the United States leave to amend its complaint.

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