ALI's 2018 Restatement on Liability Insurance: What Insurance Industry Professionals Need to Know
The Plain-Meaning Presumption Rule; Triggers of Coverage; Allocation of Long-Tail Claims; Consequences of Breach of Duty to Defend
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will present an overview of the significant coverage issues in the recently adopted American Law Institute (ALI) Restatement on Liability Insurance, which took almost a decade to finalize. Given the breadth and scope of the Restatement, the panel will devote significant attention to the most critical and practical issues, including when it would provide for a duty to defend, how it treats reservations of rights, and its approach to relationships between insurer, insured and defense counsel.
- Overview of the new restatement
- High-priority areas
- Duty to defend
- Extrinsic evidence and the duty to defend
- Defense counsel's sharing of information with the insurer
- Supplementing the reservation of rights
- Liability of insurers for defense counsel's malpractice
- No reimbursement of defense costs
- Claim settlement
- Bad faith
- Allocation in "long-tail" or continuous injury claims
- Duty to defend
- Review of recent cases
The panel will review these and other key issues:
- How does the Restatement treat the plain-meaning presumption rule to policy interpretation?
- What impact does the Restatement have on communications between insurers and defense counsel?
- How does the Restatement treat bad faith and the duty to defend?
- What are remedies for a breach of duties?
- How does the Reinstatement address reimbursement of defense costs?
- To what extent are insurance practitioners already using--and courts adopting--the new Restatement?
Laura A. Foggan
Crowell & Moring
Ms. Foggan has practiced for more than 25 years and has participated in more than 200 appeals nationwide and has made... | Read More
Ms. Foggan has practiced for more than 25 years and has participated in more than 200 appeals nationwide and has made significant contributions to the development of key insurance law precedents across the country. She is a former Co-Chair of the Insurance Coverage Litigation Committee of the ABA Litigation Section.Close
Larry D. Mason
Mr. Mason dedicates most of his practice to property and casualty insurance coverage, products liability, professional... | Read More
Mr. Mason dedicates most of his practice to property and casualty insurance coverage, products liability, professional liability for clients in construction, environmental and related industries, environmental and toxic torts, identifying emerging risks (especially cybersecurity and new technologies), and complex commercial litigation. His experience includes commercial litigation involving insurance and reinsurance coverage, first- and third-party liability. His practice encompasses a broad spectrum of first-party and third-party coverage, reinsurance, and defense issues.Close
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