Why Criticism Of ALI's Insurance Restatement Is Valid

Law360, New York (May 10, 2017, 11:13 AM EDT) -- The saga of the proposed "Restatement of the Law — Liability Insurance" (the "Insurance Restatement" or "Restatement") of the American Law Institute continued to unfold recently with the publication by the Restatement's authors, professors Tom Baker and Kyle Logue, of their rebuttal[1] to an article by professor George Priest critical of the proposed Restatement.[2] In essence, Priest contends that the proposed Insurance Restatement, if followed by courts, would make a number of changes in the law governing liability insurance which would destabilize insurance markets and lead to increased premiums and less availability of insurance.

In response, Baker and Logue disagree —...

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