Restatement of the Law, Liability Insurance. Reporter: Tom Baker, University of Pennsylvania Law School; Associate Reporter: Kyle D. Logue, University of Michigan Law School. American Law Institute, July 2019. 1 Volume. Hardcover. New. $266. * This Restatement covers the law of contracts in the liability insurance context, liability insurance coverage, and the management of insured liabilities. The text reveals the extent to which the field of liability insurance evolved from its conceptual building blocks, rooted in the contractual agreement between insurer and insured, to address knotty questions of risk allocation governing decisions such as under what circumstances an insurer's duty to defend its insured is triggered; how to balance an insurer's right to control the defense with the policyholder's right to a confidential relationship with counsel; when an insurer must accept a settlement offer from a claimant suing a policyholder; and when a policyholder may settle without insurer approval. CONTENT SUMMARY: Foreword; Reporters' Preface; CHAPTER 1 -BASIC LIABILITY INSURANCE CONTRACT RULES; ? 1. Definitions. TOPIC 1 - INTERPRETATION; ? 2. Insurance Policy Interpretation; ? 3. The Plain-Meaning Rule; ? 4. Ambiguous Terms. TOPIC 2 - WAIVER AND ESTOPPEL. ? 5. Waiver; ? 6. Estoppel. TOPIC 3 - MISREPRESENTATION. ? 7. Misrepresentation; ? 8. Materiality Requirement; ? 9. Reasonable-Reliance Requirement. CHAPTER 2 - Management of Potentially Insured Liability Claims. TOPIC 1 - DEFENSE. ? 10. Scope of the Right to Defend; ? 11. Confidentiality; ? 12. Liability of Insurer for Conduct of Defense; ? 13. Conditions Under Which the Insurer Must Defend; ? 14. Duty to Defend: Basic Obligations; ? 15. Reserving the Right to Contest Coverage; ? 16. The Obligation to Provide an Independent Defense; ? 17. The Conduct of an Independent Defense; ? 18. Terminating the Duty to Defend a Legal Action; ? 19. Consequences of Breach of the Duty to Defend; ? 20. When Multiple Insurers Have a Duty to Defend; ? 21. Insurer Recoupment of the Costs of Defense; ? 22. Defense-Cost-Indemnification Policies; ? 23. The Right to Associate in the Defense. TOPIC 2 - SETTLEMENT. ? 24. The Insurer's Duty to Make Reasonable Settlement Decisions; ? 25. The Effect of a Reservation of Rights on.
Book number 70256