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 Law Institute’s forthcoming Restatement of the Law of Liability Insurance is admirable in many important respects. However, proposed section 13 can be falsified in too many instances to serve as a meaningful statement of black letter law governing an insurer’s duty to defend. This Commentary will consider how proposed section 13 and associated provisions of the proposed Restatement might influence the decision by insurers to defend their insureds, particularly in instances of so-called “legal uncertainty.”
Read the full commentary in the Rutgers University Law Review, including footnotes and references.