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Vol. 7, Iss. 4
May 9, 2018


900 New Cases (From 2014 to 2017):

Insurance Key Issues: What Makes The 4th Edition Different


I’ve been getting this question – what’s the difference between the 3rd edition of Insurance Key Issues and the 4th?

The answer is simple. There was a three year gap between the 3rd and 4th editions. In the world of liability coverage, that’s a lifetime. The 4th edition adds over 900 new cases, as well as a chapter addressing the American Law Institute’s Restatement of the Law of Liability Insurance. The new addition also eliminates the chapter on Reasonable Expectations as it is adequately addressed in the 3rd edition.

Obviously some issues generate more new decisions than others. Here is the issue-by-issue breakdown of the new cases discussed in the 4th edition (virtually all decided between 2014 to 2017):

81 - Choice of Law for Coverage Disputes

63 - Late Notice (“Occurrence” Policies): Is Prejudice to the Insurer Required?

18 - Coverage for Pre-Tender Defense Costs

74 - Duty to Defend Standard: “Four Corners” or Extrinsic Evidence?

38 - Insured’s Right to Independent Counsel

27 - Insurer’s Right to Reimbursement of Defense Costs

45 - Prevailing Insured’s Right to Recover Attorney’s Fees in Coverage Litigation

26 - Number of Occurrences

37 - “Any” Insured vs. “The” Insured and the Severability of Interests Clause

22 - Is Emotional Injury “Bodily Injury”?

69 - Is Faulty Workmanship an “Occurrence?”

57 - Permissible Scope of Indemnification in Construction Contracts

14 - Qualified Pollution Exclusion

50 - Absolute Pollution Exclusion

17 - Trigger of Coverage for Latent Injury and Damage Claims

37 - Trigger of Coverage for Construction Defects

50 - Allocation of Latent Injury and Damage Claims

25 - Coverage For Privacy Claims and Cyber Risks

18 - Insurability of Punitive Damages

101 - First- and Third-Party Bad Faith Standards

[To the actuaries: I know. This add up to 869. But I added about 50 more cases after the state-by-state count was done and didn’t keep track of which issues they were. Long story. So many of these issues have a few more new cases.]

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