"In truth, comparison of liability insurers negotiating settlement of claims against their policyholders and other insureds, with other kinds of fiduciaries, is not a comparison of twins. Fiduciary law in general has been plagued with confusion due to unarticulated premises and unexplained analogies between different fiduciaries with differing potentials for abuse of their particular fiduciary powers. The liability insurer is a fiduciary in its own right." Dennis J. Wall, "Fiduciary in Settlement and The American Law Institute's Principles of Liability Insurance Law / Refusing the Shackles of 'Reasonable' Summary Judgments," 36 Ins. Lit. Rptr. 93, 100 (2014) (© 2014 by Thomson Reuters West).
© 2014 by Dennis J. Wall. All rights reserved. No claim to original U.S. Government works or to Thomson Reuters West works in any of the above.
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