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.
Michael F. Aylward, Lorelie (Lorie) Masters and Jennifer Morinigo | October 10, 2019 | Liability Insurance
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...
Kirk Pasich | August 5, 2019 | Liability Insurance
Reprinted with permission from the Daily Journal. ©2019 Daily Journal Corporation. All rights reserved. This article includes citations to Proposed Final Draft language of the Restatement that has been updated. The Official Text of the Restatement of the Law,...
Stephanie A. Middleton | March 25, 2019 | Liability Insurance
In response to a recent story concerning opposition to The American Law Institute’s Restatement of the Law of Liability Insurance in the Texas state legislature, it appears that at least one sponsor owns an insurance agency, so I assume that some part of the insurance...
Sean Kellem | December 27, 2018 | Liability Insurance
The Supreme Court of Nevada recently issued a decision in which it cited two ALI publications: the Restatement (Second) of Contracts and the Restatement of the Law, Liability Insurance (Proposed Final Draft No. 2, approved May 2018). The court looked to these...
Randy Maniloff | August 22, 2018 | Liability Insurance
Well that didn’t take too long. On August 9th a court issued what I believe to be the first decision addressing the ALI’s Restatement of the Law of Liability Insurance post-adoption. At issue in Catlin Specialty Ins. Co. v. CBL & Assocs. Props., 2018...
Gregory Capps and Zachery Roth | July 18, 2018 | Conflict of Laws, Liability Insurance
On July 16, 2018, the Delaware Supreme Court held in Travelers Indemnity Company v. CNH Industrial America, LLC, No. 420, 2017 (Del. Jul. 16, 2018), that a court’s choice of law inquiry in an insurance coverage dispute should focus on the contacts most relevant to the...
