Westlaw Topical Highlights: Insurance, February 26, 2016

Feb 26, 2016 By: Gary Rodekuhr

Westlaw Topical Highlights for Insurance provides summaries of significant federal and state judicial decisions and legislative and administrative activities affecting Insurance law.

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.

Concluding Thoughts

Dec 16, 2015 By: Dennis Wall

Although, the panel decision in the Rothstein appeal presents many issues, the Second Circuit tried its best to decide a narrow issue.

The Proof is Still Not in the Rothstein Record.

Dec 8, 2015 By: Dennis Wall

None of the exhibits is authenticated by anyone’s testimony. None was even referenced in anyone’s testimony. Whether the documents were self-authenticating and admissible does not appear to have been raised or argued.

The Proof Is Not in the Record

Dec 2, 2015 By: Dennis Wall

In the final installment the Rothstein record reveals beyond any reasonable doubt that the trial judge, however, almost certainly did examine the record before she ruled.

Filed Rate Doctrine: Judge-Made Immunity

Nov 27, 2015 By: Dennis Wall

The appellate panel in Rothstein concentrated on the twin “principles” of nonjusticiability and nondiscrimination.

Interlocutory Orders Are Appealable, Not Issues

Nov 25, 2015 By: Dennis Wall

The Second Circuit panel in Rothstein construed the District Court’s certification of appealability of its dismissal order as an appeal of one issue. This appears to be a misconception both of the law and of the posture of this case on appeal.

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