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.
Larry P. Schiffer | March 31, 2017 | Liability Insurance
Notice requirements in liability insurance policies typically require that notice of a claim or lawsuit be given as soon as practicable and in writing to the insurance company. While the exact language differs from policy to policy, the concept of written notice to...
W.J. Kennedy | March 10, 2017 | Liability Insurance
A draft legal document that could have a profound impact on American law involving liability insurance has some critics and the document’s authors in near total disagreement over whole sections of the draft, and even its overall objective. Some legal experts say the...
A. Hugh Scott | February 14, 2017 | Liability Insurance
In a recent LAW360 article, A. Hugh Scott of Choate focuses on the Restatement of the Law, Liability Insurance project, which was topic of panel discussion at the Insurance Coverage and Practice Symposium, held on December 8 and 9, 2016, in New York City. Read the...
Pauline Toboulidis | January 27, 2017 | Election Administration, Liability Insurance, Sentencing, Sexual Assault
At its January 2017 meeting, the Council took the following actions concerning project drafts: Sentencing Council approved the drafts of Sections 6x.04, 6.14, and 7.09 presented in the Reporters’ Memoranda to the Council. The Draft contains: PART I – GENERAL...
Jennifer Morinigo, Kyle D. Logue and Tom Baker | December 27, 2016 | Liability Insurance
The Liability Insurance project has attracted much attention from insurers, policyholders and their counsel, as well as academics and judges. As the project nears its end, The ALI Adviser will share several sections of the project, including Black Letter and...
Joseph J. Arcata III and Elizabeth O'Donnell | December 1, 2016 | Data Privacy, Liability Insurance
When it comes to insurance coverage for cyber risks, uncertainty continues to reign supreme. Cyber liability insurance is constantly evolving, and while dozens of insurers currently offer a cyber liability product, coverages are not standard from policy to policy....
