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.
Ward Farnsworth, Kyle D. Logue and Jennifer Morinigo | June 14, 2018 | Inside The ALI, Liability Insurance, Torts: Economic Harm
Two Restatement projects, Economic Harm Torts and Liability Insurance, were reviewed and approved for the final time by ALI membership at the 2018 Annual Meeting, marking the completion of both projects. The Reporters, subject to oversight by the Director, will now...
Jennifer Morinigo | May 22, 2018 | Liability Insurance
ALI members voted at The American Law Institute’s 2018 Annual Meeting to approve Restatement of the Law, Liability Insurance. The project Reporters are Tom Baker of the University of Pennsylvania Law School and Associate Reporter Kyle D. Logue of Michigan Law School....
Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 18, 2018 | Liability Insurance
The following entry contains the complete text of the Black Letter, Comments, and Reporters’ Notes from Proposed Final Draft No. 2 of Section 6. Estoppel. § 6. Estoppel A party to an insurance policy who makes a promise or representation that can reasonably be...
Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 17, 2018 | Liability Insurance
The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver. REPORTERS’ NOTE (abridged) a. The function of waiver. The general contract doctrine of waiver is discussed in Restatement Second,...
Nicholas Malfitano | May 8, 2018 | Liability Insurance
Weeks away from the American Law Institute’s annual meeting in Washington D.C., where the group’s controversial Restatement of the Law of Liability Insurance will once again be up for approval, a representative from the group recently said the ALI is trying to...
Jennifer Morinigo, Tom Baker and Kyle D. Logue | May 3, 2018 | Liability Insurance
Since the 2017 Annual Meeting, many changes have been made to the Liability Insurance project draft. Sections 3 and 4, The Plain-Meaning Rule and Ambiguous Terms, have both been significantly revised to reflect the decision to adopt a plain meaning rule. Black letter...
