Liability Insurance Posts

The Liability Insurance Restatement

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 industry has been lobbying for this, even though the insurers and the sponsors have not even seen the final version of the Restatement.

Supreme Court of Nevada Cites Contracts 2d and 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 Restatements to guide its analysis of a question of liability-insurance law under the law of Nevada.

Reporters’ Perspective

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.

Restatement of the Law, Liability Insurance Approved

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.

Waiver and Estoppel – Part 2

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.

Waiver and Estoppel – Part 1

The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver.

Lawmakers Group Discusses Controversial Liability Insurance Restatement

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 “stay in our lane.”

Plain Meaning and Ambiguous Terms

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.