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Writing insurance law textbooks (Casualty Insurance Claims, Excess Liability — Rights and Duties of Commercial Risk Insureds and Insurers, and a new edition of Casualty Fire & Marine Investigation Checklists) it is occasionally possible to predict what a court might rule, or what might change on appeal. In preparing for the new edition of Checklists, I included an instruction regarding the definition of a “named insured” in personal liability (auto, homeowners) forms, when the definition includes a “spouse.” But with the states in turmoil over gay marriage at the time, just who is a “spouse” if one was married in a state allowing gay marriage, but had a claim in a state that did not recognize such marriages? It was one of those fickle pickles of insurance policy language.

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