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Both the New Appleman on Insurance Law Library Edition treatise and the New Appleman on Insurance: Current Critical Issues in Insurance Law current awareness quarterly were cited in a recent federal court decision. The case of Continental Casualty Co. v. Duckson, 2011 U.S. Dist. LEXIS 131566 (N.D. Ill. 2011), involved the issue of whether the insurers had a duty to defend, pay "claim expenses," and/or indemnify the policyholder Duckson in a pending Securities and Exchange Commission lawsuit under the terms of a Lawyers Professional Liability Policy. A chapter in the Library Edition, written by Dean Robert Jerry of the University of Florida Law School, was cited for its description of the nature of an insuring agreement and an article in the Current Critical Issues quarterly, written by Associate Dean Jeffrey E. Thomas of the University of Missouri-Kansas City School of Law, on the evolution of the duty to defend provisions in insurance policies. The court decision cited the article extensively:
The Appleman article, titled The Scope of the Obligation to Pay Claim Expenses, argues that the duty to pay "claim expenses" should be interpreted consistently with the duty to defend. Thomas, supra, § 1. The two obligations have the same purpose--insurers retain some control over the defense and the insured receives a rigorous defense. Id. The rationale behind replacing the duty to defend with an obligation to pay "claim expenses" is that it allows the insurer to take advantage of the self-insured retention and avoid payment for defense of smaller cases. Id.
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