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Vol. 5, Iss. 11
November 9, 2016

ALI Restatement Of Liability Insurance Makes Forbes.com
The ALI’s Restatement of The Law of Liability Insurance has certainly entered the arena for coverage professionals. What was once an obscure topic, known about by few, is now recognized as a significant, and potentially impactful, development on the liability coverage landscape. While the topic has received media coverage in the past, it has been limited to insurance publications. But no longer. A lengthy article about the ALI Restatement of Liability Insurance recently appeared on Forbes.com. The article discusses the background the project, some key provisions and gets comments, from both sides, on its potential impact. You can check it out here.

Wall Street Journal Addresses Challenges In The Trucking Insurance Market
An article in the October 15-16 issue of The Wall Street Journal – “Truckers Scramble To Get Insurance” – had this for a lede: “Truckers are finding it harder and costlier to line up coverage for their fleets, as a wave of blockbuster payouts over accidents pushes insurers out of the market.” Reporter Brian Baskin notes that, while the number of people killed in accidents involving large trucks is down 20% over the past decade, there have been a number of so-called “nuclear verdicts” – where juries awarded tens or even hundreds of millions of dollars. As a result, some large insurers in the trucking market have stopped writing coverage for for-hire fleets. Other insurers have increased premiums. All in all, there has been a scramble to line up coverage. There is a lot more to the article and if you are involved with trucking insurance it is worth checking it out.

Driving While Intexticated (From Gallagher Sharp, LLP)
The October issue of Gallagher Sharp, LLP’s fine insurance newsletter contains an excellent piece on so-called “driving while intexticated.” The Cleveland firm notes that it has noticed a growing trend in the amount of motor vehicle litigation alleging that the other driver was distracted by a cell phone and seeking punitive damages. The article looks at some cases involving the possibility of punitive damages on account of a driver being distracted by his or her cell phone. The upshot according to the firm: “More distracted driving and punitive claims are sure to come. Policyholders will face uninsured exposure and as a result may hire personal counsel. Insurers will reserve their rights and be sensitive to the issues raised by any punitive claim. Additional motion practice probably will be necessary. Insurers who are forewarned are forearmed in dealing with this emerging trend.”

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