NEXT
Sign in to follow

New York Law Journal

The New Restatement of Liability Insurance Law: Straightening Out Some Mischaracterizations

I have been a member of The American Law Institute, the "author" of the Restatements, for more than a decade, and I feel compelled to comment on some recent articles that compare the new Restatement of the Law of Liability Insurance (RLLI) to insurance coverage law in a particular state.
7 minute read

New York Law Journal

Insurance Law

In this Special Report: "D&O Liability Insurance: What Will Impact Be of a Kinder, Gentler Corporation?," "Using Unfair Claim Settlement Statutes To Prove Bad Faith," "Time for Insurers To Face the Consequences of Consequential Damages," "Investments by Insurers: How They're Regulated and Why It Matters" and "Legal Finance: A Critical Tool for Policyholders and Their Lawyers."
2 minute read

New York Law Journal

Legal Finance: A Critical Tool for Policyholders and Their Lawyers

For both policyholders and their lawyers, legal finance can make it easier and less risky to pursue recoveries on valid insurance claims.
6 minute read

New York Law Journal

Time for Insurers To Face the Consequences of Consequential Damages

The First Department issued a clear decision that policyholders may recover the consequential damages, including attorney fees, caused by the bad-faith dilatory practices all too often employed by insurance companies.
7 minute read

New York Law Journal

D&O Liability Insurance: What Will Impact Be of a Kinder, Gentler Corporation?

The transition in progress from the "profits only" approach of Friedman to an ethos embedded in the legislation proposed by Senator Warren and the public statements of CEO's of public companies will alter corporate behavior and so, inevitably, the D&O liability and insurance landscape.
9 minute read

New York Law Journal

Using Unfair Claim Settlement Statutes To Prove Bad Faith

While traditional sources of proof such as legal precedent, expert testimony, an insurers' past acts, industry customs, and legal consensuses (i.e., the Restatement), should certainly be considered, unfair claim settlement statutes likewise should not be overlooked.
5 minute read

New York Law Journal

Investments by Insurers: How They're Regulated and Why It Matters

Understanding the background and interplay of the insurance laws that govern investments by carriers can provide some context to these developments and also shed light on a key aspect of solvency regulation of this critical U.S. industry.
8 minute read

International Edition

Five Insurance Lawyers Defect from Clyde & Co to Local Australian Firm

The team is led by Tim Searle, who has lived and practised in both Australia and the U.K. and has managed claims across six continents, including in the U.S.
2 minute read

The Legal Intelligencer

Bad-Faith Case Against State Farm Revived

"As for the application of res judicata, we agree with appellant that the trial court erred," the panel said.
3 minute read

New York Law Journal

Attorney Fees Under ERISA §502(G)(1): An Exception to the American Rule

ERISA §502(g)(1) vests courts with discretion to award attorney fees and costs in an action brought by a plan participant, beneficiary or fiduciary. This article examines the standards courts apply when assessing motions for these discretionary awards.
11 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • The Power of Online Reputation Management For Attorneys: A Critical Tool For Law Firms in 2025

    Brought to you by Erase.com

    Download Now

  • The Role of Evolving Support Structures in Optimizing Legal Talent

    Brought to you by BigHand

    Download Now

  • Corporate Monitorship Advisory Services

    Brought to you by HaystackID

    Download Now

  • AI-Powered Deposition and Medical Record Summaries: Low Risk, High Reward

    Brought to you by Parrot

    Download Now