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Vol. 6, Iss. 8
October 11, 2017

Update: 4th Edition Of Insurance Key Issues

How The Chapters Are Chosen

Work continues on the 4th edition of General Liability Insurance Coverage – Key Issues In Every State. I appreciate all the emails I receive from people making suggestions on chapters to add to the book. I have never received a suggestion that did not involve an important issue. However, not all coverage issues are appropriate for Key Issues. Some coverage issues simply do not fit the bill for a 50 state survey.

For example, some coverage issues have only been addressed by a small number of states. For such an issue, there would be too many blank spaces to make any 50 state survey meaningful. Of course, just about every issue has a few states that have never addressed the subject. But these issues still have enough national treatment to make a 50 state survey worthwhile.

Then there are those subjects that have been addressed by many states, but the decisions are significantly tied to policy language and not a legal principle. Thus, the reader’s comparison of the case descriptions in the book, to their matter at hand, would be ineffective. Additional insured and primary-excess relationship issues come to mind here, where the outcomes of cases are often dictated by the specific policy language at hand.

The ideal chapter for Key Issues involves an issue that has been addressed by most states and been resolved by the court examining various schools of thought and choosing which of the legal principles to adopt, e.g., pollution exclusion (applies broadly or to only traditional environmental pollution); late notice (prejudice or no prejudice); duty to defend (four corners or extrinsic evidence). Virtually every chapter in Key Issues is in this category.

But please keep those cards and letters with suggestions coming. They are much appreciated.


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