Insured’s Decision to Manufacture A Dangerous Product Knowing No Insurance Is Available Doesn’t Sway Court To Create An Equitable Exception To The Unavailability Rule

The Supreme Court of New Jersey recently resolved an 18-year-old asbestos coverage row, encompassing 330 policies and thousands of claims. In reaching its decision in Cont’l Ins. Co. v. Honeywell Int’l, Inc., No. 078152, 2018 WL 3130638 (N.J. June 27, 2018), the court confirmed that lex loci contractus is dead in New Jersey for purposes of resolving choice of law issues in contract cases and declined to recognize an equitable exception to the “unavailability of insurance” allocation principle it had
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Insurance Companies May Get the Last Say Regarding Arming Teachers

Three months after the Marjory Stoneman Douglas High School shooting, and just days after the Santa Fe High School shooting, the debate continues to rage over whether the presence of armed teachers and/or officers would increase school safety, or just increase the risk of a shooting. The idea’s not new – arming teachers was the subject of serious debate after the 2012 Sandy Hook massacre, but the idea was quickly shut down in most areas by insurers.  Now, the spotlight
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The ALI Set to Vote to Adopt the “Restatement of the Law of Liability Insurance”

The American Law Institute (ALI) is set to vote to approve its much anticipated “Restatement of the Law of Liability Insurance” Law at its annual meeting from May 21 to 23, 2018, in Washington, D.C. For almost 100 years, the ALI has published “Restatement of the Law” treatises on various legal topics which are meant to inform legal practitioners on general principles of common law, and courts will often look to these Restatements for guidance. In fact, according to ALI statistics, state
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New Wave of Products and Other Challenges to State Insurance Regulators: Reflections from ACI 14th Annual National Forum

The 14th annual National Forum on Insurance Regulation, sponsored by American Conference Institute, convened in New York City on March 7-8, 2018. This yearly event is a great opportunity to learn about emerging issues and recent developments in state insurance regulation from leaders of the insurance industry. This year’s Forum brought together senior officials of the National Association of Insurance Commissioners (NAIC); state insurance commissioners; Chief Legal Officers of leading U.S. insurers, reinsurers and brokers; founders and CEOs from InsureTech
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Current Events in Insurance Coverage — Reflections on ABA TIPS ICLC Meeting

The ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s mid-year meeting is always a great opportunity to learn about emerging issues and recent developments in coverage law and to meet with leaders of the insurance industry and insurance coverage bar. This year’s meeting was no exception. I attended the meeting, where I led a panel discussion on emerging issues in D&O and Professional Liability coverage law. The panel, made up of thought leaders from the insurance brokerage,
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