ALI Restatement Misstates Law On Long-Tail Harm Claims
By David Cox and Gerald Konkel (March 29, 2018, 1:22 PM EDT) -- A restatement of the law is "primarily addressed to courts" with an "aim" to provide a "clear formulation 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." A restatement's articulation of black-letter legal rules is "expected to aspire toward the precision of statutory language," while also "reflecting the flexibility and capacity for development and growth of the common law."
The current draft of the first Restatement of the Law on Liability Insurance is faithful to these principles in many respects; however, the draft section on...
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