Tort Liability for Insurance Inspections: Case Law and Recent Developments

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Mark Cahill on Concept of Limited Insurer Liability


 | September 30, 2008

 | Mark Cahill

Mark Cahill, chair of the litigation department co-wrote “Tort Liability for Insurance Inspections: Case Law and Recent Developments.”  The article was published in the September/October 2008 edition of Coverage, a publication of the Committee on Insurance Coverage Litigation. 

The article used Gray v. Derderian, a case arising from the February 2003 fire at The Station nightclub in Rhode Island, as a jumping off point for an in-depth exploration of the concept of limited insurer liability.  The article touches upon traditional tort principles, the significance of Section 324A of the Restatement (Second) of Torts, and the new issues brought about by Sections 42 and 43 of the Proposed Restatement (Third) of Torts. 


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