ALI Insurance Restatement Oversteps Its Boundaries

By Phil Graham and Cody Hagan (February 21, 2018, 10:58 AM EST) -- The American Law Institute's (ALI) draft of the Restatement of the Law of Liability Insurance (the "draft restatement") is quietly proceeding toward finalization and promulgation. A proposed final draft of the restatement is expected to be presented at the 2018 Annual Meeting, at which time a final vote of approval may or may not be requested. The response to ALI's decision to tackle this project has been predictably varied, depending in part on whether the observer's perspective is focused on insured consumers or the insurance industry. Certain organizations of defense lawyers and others associated with the industry have advocated against the draft restatement. Although ALI has listened to these concerns and made changes to the draft restatement, this article addresses several controversial provisions that remain. We proceed with a thesis that ultimately the draft restatement is something much more than it purports to be and is problematic for insurers and consumers alike....

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