California Supreme Court Adds Clarity to U.S. Supreme Court’s Guideposts for Evaluating Constitutionally of Punitive Damages Awards in Insurance Bad Faith Case

Jun 21, 2016 By: John K. DiMugno

California Supreme Court adds clarity to U.S. Supreme Court’s guideposts for evaluating constitutionally of punitive damages awards in insurance bad faith cases.

ERISA Beneficiary’s Dissipation of Settlement Proceeds Precludes ERSIA Plan Health Insurer from Enforcing Its Reimbursement Rights

Mar 25, 2016 By: John K. DiMugno

In a victory for insureds and personal injury claimants, the Supreme Court recently created a exception to the general rule in favor of enforceability of reimbursement rights against a plaintiff’s general assets.

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.

Restatement Wrap-Up: 2013 By The Numbers

Sep 15, 2014 By: Craig Eastland

Under Generally Accepted Accounting Principles (GAAP), most errors in previously issued financial statements are corrected via an amendment called a “restatement.” Restatement