The American Bar Association has recently published the third edition of The Reference Handbook on the Commercial Liability Policy. This comprehensive resource, edited by Rivkin Radler partners Alan Rutkin of Great Neck and Robert Tugander, offers insights into key aspects of insurance litigation concerning Commercial General Liability policies.
“I had served as the head of an Insurance Coverage Litigation Committee in the American Bar Association,” Rutkin said of how he got involved, “We came up with the idea for this survey of insurance law. We did the first edition more than 10 years ago. People liked it and bought it, really much more than we expected.”
“I got involved in creating a new edition of the handbook in 2010 as a member of the Tort Trial and Insurance Practice Section of the American Bar Association and as a colleague of Alan Rutkin,” said Tugander, who’s been handling insurance matters for about 30 years.
The new edition features essential revisions and encompasses a range of coverage considerations in the insurance litigation field. These include the insurer’s duty to defend and indemnify, the policyholder’s duty to comply with policy conditions, “occurrence” triggers, covered injuries, damages, insured status, exclusions, loss allocation and issues beyond the four corners of the policy, such as bad faith and jurisdictional concerns.
“I’m very proud to have been asked to do this,” Rutkin said. “I’ve been practicing insurance coverage law for nearly 40 years. So, like the guy says in the ad for Farmers Insurance, ‘I’ve seen a lot.’”
This latest edition also introduces new chapters. Notably, it addresses Coverage C and Supplementary Payments, and weaves in emerging issues such as computer-related liability and opioid litigation.
“Law is always evolving,” Rutkin said about the edits and additions. “Courts are always deciding new cases. And those cases need to be added to the book for it to remain useful.”
With contributions from seasoned legal professionals who represent both policyholders and insurers, the collaborative effort also involves other authors from Rivkin Radler, including Michael Cannata, Michael Kotula, and Frank Misiti.
“Everyone involved in this book is an experienced insurance practitioner,” said Tugander, “Editing opportunities do not come around often. I am very appreciative of the opportunity to work on all three editions of the book.”
The handbook has been used as a resource for experienced practitioners, offering foundational knowledge and key case precedents to expedite their research. Simultaneously, it serves as a guide for newcomers to navigate the intricate terrain of CGL policies.
Established in 1950, Rivkin Radler LLP operates across multiple locations, including Albany, NY; Hackensack, NJ; Jacksonville, FL; New York City; Poughkeepsie, NY; and Uniondale, NY. With a team of approximately 235 attorneys spanning 22 practice groups, the firm has earned national recognition, being designated an American Lawyer Media “Go-To” Firm by its clientele.
Moreover, the firm holds a place among the National Law Journal’s 350 largest firms in the United States. For more information, visit: http://www.rivkinradler.com/.
To order a copy of the handbook, click here.
