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.

At the 2016 Annual Meeting, membership approved Chapters 1 and 2, and a significant portion of Chapter 3.  It is planed that the remaining Sections of Chapter 3 and Chapter 4, dealing with remedies, bad faith, enforceability, and broker liability, will be presented for approval at the 2017 Annual Meeting, completing the project.

  • 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 will deal with 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.

Does the Draft Restatement of the Law of Liability Insurance Wrongly Elevate Proof and Overvalue Legal Uncertainty? Yes, Given the Foreseeable Risk Insurers May More Often Decline the Duty to Defend as a Result

This Commentary [originally published in the Rutgers University Law Review] focuses on the proposed Restatement of the Law of Liability Insurance 2016, Tentative Draft No. 1, sections 4, 13, 18, 19, 21, and associated materials. Tentative Draft No. 1 of the American...
12