Jeffrey W. Stempel and Erik Knutsen | August 10, 2021 | Liability Insurance
Below is the abstract for “Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic,” available for download on SSRN. The COVID-19 pandemic created not only a public health crisis but also an insurance coverage imbroglio,...
Jeffrey W. Stempel | July 16, 2021 | Liability Insurance
The below is the abstract of “Hard Battles over Soft Law: The Troubling Implications of Insurance Industry Attacks on the American Law Institute Restatement of the Law of Liability Insurance,” featured in the Cleveland State Law Review. ALI Restatements of the Law...
Jennifer Morinigo | April 22, 2021 | Liability Insurance
In late 2020, the U.S. Court of Appeals for the Eleventh Circuit certified to the Supreme Court of Georgia three questions of Georgia law relating to a lawsuit brought in federal district court by Fife Whiteside, the trustee of the bankruptcy estate of Bonnie...
Randy Maniloff | March 25, 2021 | Liability Insurance
The below post was originally shared to email subscribers of Coverage Opinions on Mar. 15. As I discussed in Coverage Opinions just a week ago, there was a trio of decisions last month, over a three-day period, that looked to the American Law Institute’s Restatement...
Jennifer Morinigo | February 23, 2021 | Liability Insurance
In its Decision and Order on Cross-Motions for Summary Judgment (2021 WL 681119), the District Court of Maine was presented with the issue of when a duty to defend terminates. The court looked to Section 18 of Restatement of the Law, Liability...
Lauren Klosinski | November 24, 2020 | Liability Insurance
A Law360 article discusses a recent case in which a Minnesota dental office argued that “more courts across the country have rejected insurers’ bids to dismiss COVID-19 business interruption suits for policies without a virus exclusion.” The dentist cited data...
