Was the World Turned Upside Down? A Conference on The ALI Restatement of the Law, Liability Insurance

Friday, April 5 and Friday, April 12, 2019

Rutgers Center for Risk and Responsibility, in partnership with the University of Connecticut Insurance Law Center presented a conference marking the completion of The American Law Institute’s Restatement of the Law of Liability Insurance. 

The adoption of the RLLI was not been without controversy.  The result of eight years of research, discussion and consultation across the spectrum of industry stakeholders, the RLLI offered judges, practitioners and scholars a comprehensive resume of the terms, premises, and policy considerations that underlie modern insurance law. But critics of the RLLI argued that it is insufficiently grounded in existing law.

The Restatement of The Law of Liability as a Restatement– Jay M. Feinman, 68 Rutgers University Law Review 1 (2015)


8:45 a.m. Welcome and Introduction                                                   

9:00 a.m.  The RLLI: Process and Politics                                                        

  • Professor Jay Feinman, Rutgers Law School

9:30 a.m. Professional Responsibility and the RLLI                                         

  • Moderator: Professor Rick Swedloff, Rutgers Law School
  • Christopher Leise, White and Williams, LLP
  • Professor John Leubsdorf, Rutgers Law School

10:30 a.m. Coffee Break

10:45 a.m.  Plain Meaning and Ambiguity in Insurance Contracts                     

  • Moderator: Professor Michelle Boardman, Antonin Scalia Law School, George Mason University
  • Laura Foggan, Crowell & Moring
  • Tim Law, Reed Smith, LLP
  • Professor Jeffrey Stempel, University of Las Vegas School of Law

12:00 p.m. Lunch

12:30 p.m. Presentation by Professor Tom Baker, University of Pennsylvania Law School:
“The New Normal or a Bump in the Road?” How Policyholders and Insurers Will be Affected by the ALI’s Restatement of the Law of Liability Insurance                               

1:30 p.m. Duty to Make Reasonable Settlement Decisions                             

  • Moderator: Jay Feinman, Rutgers Law School
  • Thomas Quinn, Wilson Elser Moskowitz Edelman & Dicker LLP
  • Robert Chesler, Anderson, Kill, P.C.

2:45 p.m. Break

3:00 p.m. The RLLI in Context                                                                          

  • Moderator: Peter Kochenburger, Director, U Conn Insurance Law Center
  • Professor Qihao He, China University of Political Science and Law
  • Professor James Davey (via satellite) ,University of Southampton
  • David Newmann, Hogan & Lovells