Restatement of Law of Liability Insurance

Contact Details

  • Restatement of Law of Liability Insurance
  • Rutgers School of Law-Camden

Restatement of Law of Liability Insurance

The American Law Institute’s “Restatement of the Law of Liability Insurance” aims, as former Director Lance Liebman said, to seek “the efficient and fair rules that should govern the insurer/insured relationship.” The project has sparked spirited debate, and this is an appropriate time to assess the work yet still early enough to influence the project. The conference will engage academics and practicing lawyers in discussion of the issues raised by the Restatement. Papers presented during the conference will be published in the Rutgers University Law Review.

CLE credit will be available for NJ, NY, and PA.


PAPERS (password protected)

8:30-9:00 Registration and coffee
9:00-9:10 Welcome
Interim Dean John Oberdiek
ALI Deputy Director Stephanie Middleton
The Defense of Claims
Moderator: Adam Scales (Rutgers)
William T. Barker (Dentons) and 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 Liability Insurer for Breach by Defense Counsel
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)
Section 17 Reserving the Right to Contest Coverage, Section 20 Terminating the Duty to Defend a Claim, and Section 21 Consequences of Ordinary Breach of Duty to Defend
10:30-10:45 Break
The Duty to Settle
Moderator: Rick Swedloff (Rutgers)
Kenneth Abraham (Virginia)
The 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)
An Examination of Proposed Sections 27 and 30 of the Restatement: Why They Are Contrary to Well-Settled Law and Contrary to Public Policy And Should Not Be Adopted
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
Reporter’s comment
Tom Baker (Penn)
The defense of claims
Moderator: Jay Feinman (Rutgers)
Michelle Boardman (George Mason)
Contra Proferentem
Mark Geistfeld (NYU)
Interpreting the Rules of Insurance Contract Interpretation
Erik Knutsen (Queens)
A Comparative Approach to Insurance Policy Interpretation: US/UK/Canada
Patricia Santelle (White and Williams)
A Practitioner’s Perspective on Rules of Insurance Contract Interpretation
2:40-2:55 Break
Policyholders, Brokers, and More
Moderator: Jay Feinman (Rutgers)
Jeffrey Pollock (Fox Rothschild)
Sophisticated Insureds: A Proposal for Rebalancing the Restatement of the Law of Liability Insurance
Ellis Medoway (Archer & Greiner)
Policyholders’ Perspective
Heather Steinmiller (Conner Strong & Buckelew Companies)
The Process of Purchasing Insurance: The Real Focus of the Insured
  Victor Schwartz and Christopher Appel (Shook Hardy)
Encouraging Constructive Conduct By Policyholders in the Restatement of the Law of Liability Insurance
Reporter’s comment
Kyle Logue (Michigan)