Liability Insurance Posts
In its Decision and Order on Cross-Motions for Summary Judgment (2021 WL 681119), the District Court of Maine was presented with the issue of when a duty to defend terminates. The court looked to Section 18 of Restatement of the Law, Liability Insurance (Restatement) for guidance.
A Law360 article discusses a recent case in which a Minnesota dental office argued that “more courts across the country have rejected insurers’ bids to dismiss COVID-19 business interruption suits for policies without a virus exclusion.”
Tom Baker of the University of Pennsylvania Carey Law School is the creator of the Covid Coverage Litigation Tracker, which provides empirical research on insurance disputes and resolutions during the pandemic. He spoke recently about the project on an episode of the podcast “Case in Point.”
At its 2018 Annual Meeting, The American Law Institute completed nearly a decade’s worth of work on the Restatement of the Law, Liability Insurance. The Restatement’s approval was deferred for a year from the 2017 Annual Meeting, largely because of opposition from insurance industry interests. The Restatement attracted unusual attention from interests outside the normal ALI process, in a way that can be fairly characterized as political, in the non-pejorative sense that it involves the authoritative allocation of values.
An article from Law360 examines the way that several states are addressing COVID-19 related liability insurance questions and concerns as businesses begin to reopen.
An article from Law360 addresses recent action from the U.S. Chamber of Commerce and trade organizations calling on Congress to pass legislation protecting businesses from legal liability as they reopen.
On May 7, ALI CLE is offering a webcast/telephone seminar to discuss how COVID-19 is revolutionizing insurance coverage claims.
The Restatements of the Law have played a vital role in the rationalization of American jurisprudence for nearly a century. As Justice Anthony M. Kennedy recently remarked at the ALI annual Meeting, the Restatements and the ALI “did for the American, Anglo-American judicial process and for the law in the 1920s what Blackstone had done 150 years earlier.”
Restatement of the Law, Liability Insurance (RLLI), was approved by membership at the 2018 Annual Meeting and the Official Text is now available. The project greatly benefited from its diverse and engaged Advisers and Members Consultative Group. In this Q&A, we posed questions to two of those most involved in the project.
For the first time, the institute has spoken on the subject of liability insurance. It has published the Restatement of the Law, Liability Insurance. This Restatement has proven to be controversial, both in its drafting process and since its final approval. Yet, it was not adopted lightly.