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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