Liability Insurance Restatement

This Project was converted from a Principles project to a Restatement project in October, 2014. As a Restatement, the project aims to provide clear formulations of common law and its statutory elements or variations and reflect the law as it presently stands or might appropriately be stated by a court.

Chapter 1 addresses basic contract-law doctrines that have special application in the insurance-law context: interpretation, waiver, estoppel, and misrepresentation.
Chapter 2 addresses insurance-law doctrines relating to duties of insurers and insureds in the management of potentially insured liability actions: defense, settlement, and cooperation.
Chapter 3 addresses general principles relating to the risks insured that are common to most forms of liability insurance, and is divided into three Topics: (1) coverage provisions, (2) conditions, and (3) the application of limits, retentions, and deductibles.
Chapter 4 addresses remedies, bad faith, enforceability, and broker liability.

Reporters

Kyle D. Logue

Associate Reporter, Liability Insurance Restatement

Kyle D. Logue is the Wade H. McCree and Dores M. McCree Collegiate Professor of Law at The University of Michigan Law School. He teaches and writes in the fields of insurance, torts, tax, and law and economics. In 201, he was awarded the Liberty Mutual Prize for the outstanding paper in the area of property and casualty insurance law.

Tom Baker

Reporter, Liability Insurance Restatement

Tom Baker is the William Maul Measey Professor of Law and Health Sciences at Penn Law. A preeminent scholar in insurance law, he explores insurance, risk, and responsibility using methods and perspectives drawn from economics, sociology, psychology, and history.

Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a Result

Joseph Lavitt | September 28, 2016 | Liability Insurance

This Commentary [originally published in the Rutgers University Law Review] focuses on the proposed Restatement of the Law of Liability Insurance 2016, Tentative Draft No. 1, sections 4, 13, 18, 19, 21, and associated materials. Tentative Draft No. 1 of the American...

Additional Insured By Written Contract Clause Construed to Bar Coverage

Larry P. Schiffer | September 21, 2016 | Liability Insurance

Commercial construction projects necessarily involve many moving parts, including multiple parties from the owners to the construction managers to the project financiers to the contractors and to the sub-contractors. These moving parts generally result in a web of...

The Draft Restatement Improperly Limits Use of Extrinsic Evidence in Insurer Decision-Making on Duty To Defend

William T. Barker | September 5, 2016 | Liability Insurance

The thesis of this article is that a liability insurer, in determining whether it has a duty to defend a suit against one claiming to be an insured should be entitled to consider any evidence extrinsic to the complaint against the insured that bears on facts not at...

Liability Insurance Project Update

Tom Baker and Kyle D. Logue | September 1, 2016 | Liability Insurance

In the video above, Reporter Tom Baker and Associate Reporter Kyle D. Logue discuss the Restatement of the Law, Liability Insurance, project and the interest it has generated. SHARE Tom Baker Reporter, Liability Insurance Restatement Tom Baker is the William Maul...

Liability Insurance in Rutgers Law Review

Pauline Toboulidis | August 20, 2016 | Liability Insurance

Rutgers Law School dedicated its Fall 2015 Law Review to the discussion of the Restatement of the Law, Liability Insurance project. The issue, which includes several pieces contributed by ALI members, was drafted in follow-up to a conference held at Rutgers Law...