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Insurance Law Commons

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University of Nevada, Las Vegas -- William S. Boyd School of Law

Breach

Articles 1 - 3 of 3

Full-Text Articles in Insurance Law

Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel Jan 2015

Enhancing The Socially Instrumental Role Of Insurance: The Opportunity And Challenge Presented By The Ali Restatement Position On Breach Of The Duty To Defend, Jeffrey W. Stempel

Scholarly Works

The American Law Institute (ALI), in its current draft of the Restatement of the Law of Liability Insurance , has adopted the position that a liability insurer in breach of its duty to defend, but not acting in bad faith, forfeits the right to dispute coverage of the resulting judgment or reasonable, noncollusive settlement in a lawsuit. The ALI view is the minority rule in the courts in that most make bad faith a prerequisite for loss of a coverage defense but presumably will spur re-examination of the issue in many states. Unsurprisingly, insurers have opposed the ALI position with …


Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer Mar 2002

Insurer Or Policyholder Control Of The Defense And The Duty To Fund Settlements, James M. Fischer

Nevada Law Journal

No abstract provided.


Recent Case Developments, Jeffrey W. Stempel Jan 1999

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998-1999.