A Tort Without a Cause: Section 12 of the Restatement of the Law, Liability Insurance
Kim V. Marrkand, Mintz Member and Founder and Co-Chair of the firm’s Insurance Practice, authored an article published in April 2021 by the Tort, Trial & Insurance Practice Law Journal, a publication of the American Bar Association’s Tort Trial and Insurance Practice Section, that examined Section 12 of the American Law Institute’s Restatement of the Law, Liability Insurance, titled “Liability of Insurer for Conduct of Defense”, wherein Ms. Marrkand shows that Section 12 “invents wholly new rules and a cause of action without either the support of existing case law or compelling policy rationale.” Mintz Associates Mathilda McGee-Tubb and Clare Prober provided significant contributions to the article.
Source
Tort, Trial & Insurance Practice Law Journal