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
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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 notable matters:
- 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 the 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 is a Goldberg Segalla LLP Partner where he dedicates his practice to first-party and third-party coverage,... | Read More
Mr. Mason is a Goldberg Segalla LLP Partner where he dedicates his practice to first-party and third-party coverage, reinsurance, and defense issues, including products liability, environmental and toxic torts, professional liability for clients in construction, environmental and related industries, complex commercial litigation, and assistance to underwriters regarding policy drafting and strategy. Mr. Mason also serves as an expert witness. During the past three decades, Mr. Mason has been a thought leader in the insurance law community and is a frequent author, speaker, and podcaster concerning the most pressing issues in insurance and related fields.Close
Kasowitz Benson Torres
Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts... | Read More
Mr. Oshinsky has more than 30 years of experience litigating insurance recovery cases in federal and state courts throughout the U.S. on behalf of Fortune 500 companies and others in the chemical, pharmaceutical, financial, food, education and health industries. He litigates some of the most significant, complex insurance coverage issues in the country, applying theories which he developed that have guided insurance recovery law since its inception. Mr. Oshinsky also advises clients about how to maximize their insurance assets, and he is frequently selected as a party-appointed arbitrator in complex insurance coverage disputes.Close