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.
Jeffrey W. Stempel and Erik Knutsen | August 10, 2021 | Liability Insurance
Below is the abstract for “Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic,” available for download on SSRN. The COVID-19 pandemic created not only a public health crisis but also an insurance coverage imbroglio,...
Jeffrey W. Stempel | July 16, 2021 | Liability Insurance
The below is the abstract of “Hard Battles over Soft Law: The Troubling Implications of Insurance Industry Attacks on the American Law Institute Restatement of the Law of Liability Insurance,” featured in the Cleveland State Law Review. ALI Restatements of the Law...
Jennifer Morinigo | April 22, 2021 | Liability Insurance
In late 2020, the U.S. Court of Appeals for the Eleventh Circuit certified to the Supreme Court of Georgia three questions of Georgia law relating to a lawsuit brought in federal district court by Fife Whiteside, the trustee of the bankruptcy estate of Bonnie...
Randy Maniloff | March 25, 2021 | Liability Insurance
The below post was originally shared to email subscribers of Coverage Opinions on Mar. 15. As I discussed in Coverage Opinions just a week ago, there was a trio of decisions last month, over a three-day period, that looked to the American Law Institute’s Restatement...
Jennifer Morinigo | February 23, 2021 | Liability Insurance
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...
Lauren Klosinski | November 24, 2020 | Liability Insurance
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.” The dentist cited data...
