The following entry contains the complete text of the Black Letter, Comments, and Reporters’ Notes from Proposed Final Draft No. 2 of Section 6. Estoppel.
Tom Baker Posts
Waiver and Estoppel – Part 1
by Tom Baker | May 17, 2018 | Liability Insurance
The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver.
Plain Meaning and Ambiguous Terms
by Tom Baker | May 3, 2018 | Liability Insurance
Since the 2017 Annual Meeting, many changes have been made to the Liability Insurance project draft. Sections 3 and 4, The Plain-Meaning Rule and Ambiguous Terms, have both been significantly revised to reflect the decision to adopt a plain meaning rule.
Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies
by Tom Baker | Apr 25, 2018 | Liability Insurance
In the video below, Liability Insurance project Reporter Kyle Logue discusses Long Tail Claims, and the issues surrounding them. Included below the video is the Black Letter and Comment from the 2018 Annual Meeting draft.
In Defense of the Restatement of Liability Insurance Law
by Tom Baker | May 17, 2017 | Liability Insurance
In a recent essay funded by the insurance industry, Yale Law Professor George Priest launched a strident critique of the Restatement project, arguing that the rules adopted in the Restatement (a) are radically contrary to existing case law, (b) have a naïve “pro-policyholder” bias that ignores basic economic insights regarding how insurance works, and (c) will, as a result of (a) and (b), lead to increases in liability insurance premiums and disruption in coverage, to the detriment of individuals and firms that need liability insurance. This essay argues that each of these claims is false.
The Insurer’s Duty to Make Reasonable Settlement Decisions
by Tom Baker | Apr 20, 2017 | Liability Insurance
As a follow up to our post on the Council Draft text of this section, we now present the test from the Proposed Final Draft of Section § 24 – The Insurer’s Duty to Make Reasonable Settlement Decisions.
Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies
by Tom Baker | Apr 4, 2017 | Liability Insurance
As a continuation of our post series that includes content of ALI drafts, we now include Section 42 – Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies.
Duty to Make Reasonable Settlement Decisions
by Tom Baker | Dec 27, 2016 | Liability Insurance
The project specifically uses the phrase “duty to make reasonable settlement decisions,” rather than “duty to settle.” The Reporters use this phrase to emphasize that “duty to settle” is not entirely accurate; rather, there is a duty to make reasonable decisions in relation to settlement.
Liability Insurance Project Update
by Tom Baker | Sep 1, 2016 | Liability Insurance
In this video, Reporter Tom Baker and Associate Reporter Kyle D. Logue discuss the Restatement of the Law, Liability Insurance, project and the interest it has generated.