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.
Lauren Klosinski | November 3, 2020 | Liability Insurance
Tom Baker of the University of Pennsylvania Carey Law School is the creator of the Covid Coverage Litigation Tracker (CCLT), which provides empirical research on insurance disputes and resolutions during the pandemic. The CCLT is Insurance Law Analytics’ first...
Jay M. Feinman | September 17, 2020 | Liability Insurance
ABSTRACTAt 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...
Lauren Klosinski | June 25, 2020 | Liability Insurance
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.“State legislators and governors are increasingly considering and signing into law legislation and...
Lauren Klosinski | May 28, 2020 | Liability Insurance
Businesses have suffered from revenue loss, lawsuits, and other complications, resulting from the effects of COVID-19. As more cities and counties move toward reopening, new questions and concerns are raised surrounding liability. An article from Law360 addresses...
Pauline Toboulidis | April 29, 2020 | Liability Insurance
COVID-19 has evolved into a worldwide health and economic crisis, triggering insurance claims and coverage disputes at unprecedented rates. This pandemic demands businesses, insurance companies, and their legal counsel consider alternative dispute resolution (ADR) —...
H. Mark Stichel | October 28, 2019 | Inside The ALI, Liability Insurance
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...
