The American Law Institute’s Restatement of the Law of Liability Insurance
The American Law Institute’s “Restatement of the Law of Liability Insurance” aimed, as former Director Lance Liebman said, to seek “the efficient and fair rules that should govern the insurer/insured relationship.” The project sparked spirited debate, and this conference assessed the work midstream, with the aim of reflecting on and influencing the project going forward. The conference sponsored by the Rutgers Center for Risk and Responsibility at Rutgers Law School engaged academics and practicing lawyers in discussion of the issues raised by the Restatement.
Papers presented during the conference are published in the Rutgers University Law Review
Welcome
Interim Dean John Oberdiek
ALI Deputy Director Stephanie Middleton
The Defense of Claims
William Barker (Dentons) & Charles Silver (Texas), The Treatment of Insurers’ Defense-Related Responsibilities in the Principles of the Law of Liability Insurance: A Critique
George Cohen (Virginia), Vicarious Liability of Insurers for Defense Counsel Malpractice
Laura Foggan (Wiley Rein), Section 21, Consequences of Ordinary Breach of the Duty to Defend: The Existing Case Law and Policy Considerations
Timothy Law (Reed Smith), Reserving the Right to Contest Coverage Under the Proposed Restatement of the Law of Liability Insurance
The Duty to Settle
Kenneth Abraham (Virginia), The Liability Insurer’s Duty to Settle Uncertain and Mixed Claims
Bruce Hay (Harvard), A No-Fault Approach to the Duty to Settle
Kim Marrkand (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo), The Duty to Settle: Why Proposed Sections 27 and 30 of the Former Principles of the Law of Liability Insurance Have No Place in the Restatement of the Law of Liability Insurance
Leo Martinez (Hastings), The Duty to Settle Revisited
Jeffrey Thomas (UMKC), The Standard for Breach of a Liability Insurer’s Duty to Make Reasonable Settlement Decisions
Tom Baker (Penn), Reporter’s Comment
Insurance Contract Interpretation
Michelle Boardman (George Mason), Contra Proferentem
Mark Geistfeld (NYU), Interpreting the Rules of Insurance Contract Interpretation
Erik Knutsen (Queens), Patchwork Conceptualism in the Anglo-Canadian Law of Insurance Interpretation: Implications for the Restatement of the Law of Liability Insurance
Patricia Santelle (White and Williams), A Practitioner’s Perspective on Rules of Insurance Contract Interpretation
Policyholders, Brokers, and More
Jeffrey Pollock (Fox Rothschild), Why the Principles of Liability Insurance Fail in Embracing the Myth of the Sophisticated Insured
Victor Schwartz & Christopher Appel (Shook, Hardy & Bacon), Encouraging Constructive Conduct By Policyholders in the Restatement of the Law of Liability Insurance
Heather Steinmiller (Conner Strong & Buckelew Companies), The Process of Purchasing Insurance: The Real Focus of the Insured
Kyle Logue (Michigan), Reporter’s Comment