Jennifer Morinigo | August 24, 2017 | Liability Insurance
In a decision that discussed the issue of rescission of insurance contracts in cases of material misrepresentations in insurance applications by high-risk insureds, the Superior Court of the State of California, County of Los Angeles cited the Proposed Final Draft of...
Taylor Carroll | July 10, 2017 | Consumer Contracts
The Consumer Financial Protection Bureau has issued a final rule “governing the use of pre-dispute arbitration agreements by providers of consumer financial products and services.” From the CFPB Pursuant to section 1028(b) of the Dodd-Frank Wall Street Reform and...
Tom Baker and Kyle D. Logue | May 17, 2017 | Liability Insurance
Abstract For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to “restate” the...
Florencia Marotta-Wurgler, Omri Ben-Shahar and Oren Bar-Gill | April 27, 2017 | Consumer Contracts
This post is a presentation of information found in the Discussion Draft of the Consumer Contracts project. This will be presented at the 2017 Annual Meeting for discussion only. Section 2, Adoption of Standard Contract Terms, is based on three fundamental...
Kyle D. Logue and Tom Baker | April 20, 2017 | Liability Insurance
As a follow up to our post on the Council Draft text of this section, we now present the test from the Proposed Final Draft of Section § 24 – The Insurer’s Duty to Make Reasonable Settlement Decisions. The Black Letter and Comment were modified from what...
