Sean Kellem | December 27, 2018 | Liability Insurance
The Supreme Court of Nevada recently issued a decision in which it cited two ALI publications: the Restatement (Second) of Contracts and the Restatement of the Law, Liability Insurance (Proposed Final Draft No. 2, approved May 2018). The court looked to these...
Gregory Capps and Zachery Roth | July 18, 2018 | Conflict of Laws, Liability Insurance
On July 16, 2018, the Delaware Supreme Court held in Travelers Indemnity Company v. CNH Industrial America, LLC, No. 420, 2017 (Del. Jul. 16, 2018), that a court’s choice of law inquiry in an insurance coverage dispute should focus on the contacts most relevant to the...
Ward Farnsworth, Kyle D. Logue and Jennifer Morinigo | June 14, 2018 | Inside The ALI, Liability Insurance, Torts: Economic Harm
Two Restatement projects, Economic Harm Torts and Liability Insurance, were reviewed and approved for the final time by ALI membership at the 2018 Annual Meeting, marking the completion of both projects. The Reporters, subject to oversight by the Director, will now...
Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 18, 2018 | Liability Insurance
The following entry contains the complete text of the Black Letter, Comments, and Reporters’ Notes from Proposed Final Draft No. 2 of Section 6. Estoppel. § 6. Estoppel A party to an insurance policy who makes a promise or representation that can reasonably be...
Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 17, 2018 | Liability Insurance
The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver. REPORTERS’ NOTE (abridged) a. The function of waiver. The general contract doctrine of waiver is discussed in Restatement Second,...
