ALI's Proposed Insurance Law Restatement: A Trojan Horse?

Law360, New York (February 9, 2017, 4:02 PM EST) -- Early last December, I was down in New York City for a Defense Resource Institute program on insurance coverage law. One of the panels was on the American Law Institute's current Insurance Law Restatement project (henceforth, "Insurance Restatement"). To my shock, professor Tom Baker (one of the ALI reporters) described the Restatement as being written in a way that was intended to incentivize insurers to defend and settle more cases than they do now. My untutored and perhaps simplistic immediate reaction was "Professor Baker, if the new Restatement is designed to cause insurers to defend more claims, the systemic costs will inevitably go up, and that means higher premiums, doesn't it?" Indeed, I emailed that question from my cellphone to the program moderator, who chose not to pass it along to Baker....

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