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.

Hard Battles over Soft Law

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...