National Insurance Law Forum

National Insurance Law Forum

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Tag Archives: ali

New Challenge to the ALI Restatement (Part Two)

Posted in News
In my post earlier today, I referenced the April 5 letter that the ALI has received from the Idaho Insurance Commissioner urging delay so that state regulators can have input concerning the final text of the Restatement of the Law of Liability Insurance.   I neglected to add that the ALI had earlier also posted a… Continue Reading

New Challenge to the ALI Restatement of the Law of Liability Insurance?

Posted in Bad Faith/Extra Contractual, Legislation, Liability Coverage, News
After seven years and countless drafts and revisions, the American Law Institute’s Restatement of the Law of Liability Insurance is scheduled for a final vote at the ALI’s Annual Meeting in Washington, D.C. on May 23, 2017.  Even as the project Reporters (Professors Tom Baker and Kyle Logue) start to contemplate life after this Restatement,… Continue Reading

American Law Institute Votes to Approve Restatement of Liability Insurance

Posted in Liability Coverage
Houston, we have an insurance Restatement.  Well, almost. The American Law Institute voted at its annual meeting in Washington, D.C. yesterday  to approve Chapters One, Two and Three of the Restatement of the Law of Liability Insurance.  The final vote came at 5:42 p.m. after three hours of debate and nearly a dozen substantive motions by… Continue Reading

ALI Principles Would Change How Ambiguity Affects Coverage

Posted in News
Mike Aylward:   Chapter One of Tentative Draft No. 1 of the Principles of the Law of Liability Insurance says some very interesting things about how insurance contracts should be interpreted and, in particular, what role ambiguity should play in creating coverage.   Section 3 states that insurance terms are to be interpreted in accordance with their… Continue Reading

The ALI Principles: Why You Should Care

Posted in News
  Michael Aylward: So the American Law Institute has approved Sections 1 through 15 of Tentative Draft No. 1 of the Principles of the Law of Liability Insurance.   Why should we or our clients care? Chris Martin:   The ALI Principles presented an exceptional opportunity to articulate legal standards to guide U.S. courts through the rapidly changing… Continue Reading

ALI Adopts Tentative Draft No. 1

Posted in News
The American Law Institute voted yesterday to adopt most of Chapters One and Two of the proposed Principles of the Law of Liability Insurance.   Although the spirited debate concerning some of these provisions prevented the ALI from considering Section 16-23 of Tentative Draft No. 1, the ALI did approve those portions of the draft dealing with principles… Continue Reading

The ALI Principles: Amendments

Posted in News
With the American Law Institute set to vote Monday afternoon on the first 23 sections of The Principles of the Law of Liablity Insurance, SNR Denton’s Bill Barker has circulated a draft amendment to Section 7 that would only allow insurers to rescind policies if an insured’s material misrepresentation was either intentional or reckless.   As… Continue Reading

ALI Principles: The Debate Begins

Posted in News
The American Law Institute will be considering Tentative Draft No. 1 of the Principles of the Law of Liability Insurance from 2 to 5 p.m. next Monday at its annual meeting in Washington, D.C.   As previously reported, this draft encompasses Chapters One and Two of the Principles, encompassing a wide-ranging series of topics concerning policy interpretation,… Continue Reading

American Law Institute Takes On Insurance Law

Posted in News
For decades, the American Law Institute has had a seminal influence on the law through its widely-cited Restatements.  Now the ALI is embarking on its first ever foray into the world of insurance coverage. In May 2010, the ALI Council approved an ambitious proposal for a “Principles of Liability Insurance Law.”  “Principles” differ from the more familiar ALI… Continue Reading