Great Expectations/Manifest Destiny: The Doctrines of Reasonable Expectations and Manifest Disregard in RWI Policy Claims
An attorney for an insured with a representations and warranties insurance (“RWI”) claim, particularly when facing a contradictory policy provision or rule of law, should consider whether the doctrine of reasonable expectations of the insured (“REI Doctrine”) or the doctrine of manifest disregard of the law (“MDL Doctrine”) may present strategic/tactical advantages to the insured. […]