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.
Douglas R. Richmond | June 9, 2022 | Liability Insurance
Below is the abstract for “Liability Insurance and Contractual Aspects of Settlement,” available for download on SSRN. Most civil litigation settles. Certainly, most tort litigation settles. The settlements in many cases are paid by liability insurers....
Dennis J. Wall | February 22, 2022 | Liability Insurance
The below pieces were originally published on the Claims and Bad Faith Law Blog. When Does an Excess Carrier Have Duties of Good Faith? There is a theory by which primary carriers and policyholders assert that excess carriers have a duty of good faith and fair dealing...
Lorelie (Lorie) Masters, Patrick M. McDermott and Rachel E. Hudgins | February 15, 2022 | Liability Insurance
The following article was originally published by Hunton Andrews Kurth LLP on February 3, 2022. This post in our Landmark Montana Supreme Court Decision Series discusses the Montana Supreme Court’s consideration of an insurer’s duty to defend in National Indemnity Co....
Richard L. Revesz | December 16, 2021 | Inside The ALI, Liability Insurance
This Director’s Letter was originally published in the fall 2021 edition of The ALI Reporter. A recent case in the U.S. District Court for the District of Maine considered when an insurer’s duty to defend ends if only some of the underlying causes of action are...
Jeffrey W. Stempel and Erik Knutsen | August 10, 2021 | Liability Insurance
Below is the abstract for “Infected Judgment: Problematic Rush to Conventional Wisdom and Insurance Coverage Denial in a Pandemic,” available for download on SSRN. The COVID-19 pandemic created not only a public health crisis but also an insurance coverage imbroglio,...
Jeffrey W. Stempel | July 16, 2021 | Liability Insurance
The below is the abstract of “Hard Battles over Soft Law: The Troubling Implications of Insurance Industry Attacks on the American Law Institute Restatement of the Law of Liability Insurance,” featured in the Cleveland State Law Review. ALI Restatements of the Law...
