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Case Citations [1] (Spring 2024)

handle is hein.ali/aliliabil9933 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
Spring 2024 Citations
LIABILITY INSURANCE
CHAPTER 1. BASIC LIABILITY INSURANCE CONTRACT RULES
TOPIC 3. MISREPRESENTATION
§ 7. Misrepresentation
Wis.2023. Cit. in conc. op. In an insurance dispute over damages arising from leakage problems on
property allegedly caused by deficient construction of an in-ground pool, owner of lakeshore property
sued insurers that issued commercial general liability insurance policies to, among others, general
contractor, seeking damages from demolition of the defective pool and construction of new pool. The
trial court granted insurers' motions for summary judgment. The court of appeals reversed. This court
affirmed, holding, inter alia, that it overruled caselaw that applied the integrated-systems analysis for
determining whether there was damage to other property for the purposes of coverage for property
damage under the parties' insurance policy. In illustrating judicial history of commercial-law doctrines,
the concurrence cited Restatement of Liability Insurance § 7 to define the purpose of commercial
general liability insurance policies and argued that the majority misunderstood the purpose of the
integrated-systems analysis in overruling caselaw, because the majority construed the integrated-systems
analysis as part of the economic-loss doctrine. 5 Walworth, LLC v. Engerman Contracting, Inc., 992
N.W.2d 31, 47.
CHAPTER 2. MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS
TOPIC 1. DEFENSE
§ 21. Insurer Recoupment of the Costs of Defense
C.A.11, 2023. Com. (a) quot. in sup. Insurers sued insured pharmaceutical manufacturer, seeking a
declaration that they had no duty to defend or indemnify it against an underlying action for false
advertising filed by a competitor, and that, under their reservation-of-rights letters, they were entitled to
reimbursement of defense costs incurred for claims not covered by the policies. The district court
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