Liability Insurance Review

Rutgers Law School dedicated its Fall 2015 Law Review to the discussion of the Restatement of the Law, Liability Insurance project. The issue, which includes several pieces contributed by ALI members, was drafted in follow-up to a conference held at Rutgers Law School.

• "The Restatement of the Law of Liability Insurance as a Restatement: An Introduction to the Issue" by Jay M. Feinman, Member of the Consultative Group for Restatement of the Law, Liability Insurance
• "Reserving the Right to Consent Coverage Under the Proposed Restatement of the Law of Liability Insurance" by Timothy P. Law, Member of the Consultative Group for Restatement of the Law, Liability Insurance, and Lisa A. Szymanski
• "The Restatement of the Law of Liability Insurance and the Duty to Settle" by Leo P. Martinez, Adviser for Restatement of the Law, Liability Insurance
• "The Standard for Breach of a Liability Insurer’s Duty to Make Reasonable Settlement Decisions: Exploring the Alternatives" by Jeffrey E. Thomas, Adviser for Restatement of the Law, Liability Insurance
• "The Liability Insurer’s Duty to Settle Uncertain and Mixed Claims" by Kenneth S. Abraham, Adviser for Restatement of the Law, Liability Insurance
• "Encouraging Constructive Conduct by Policyholders in the Restatement of the Law of Liability Insurance" by Victor E. Schwartz, Member of the Consultative Group for Restatement of the Law, Liability Insurance, and Christopher E. Appel
• "The Draft ALI Restatement of the Law of Liability Insurance: Consequences of Breach of the Duty to Defend Are Not And Should Not Become the Automatic Forfeiture of Coverage Defenses" by Laura M. Foggan & Karen L. Toto
• "The Treatment of Insurers’ Defense-Related Responsibilities in the Principles of the Law of Liability Insurance: A Critique" by Charles Silver & William T. Barker
• "Liability of Insurers for Defense Counsel Malpractice" by George M. Cohen
• "Insurer Recoupment of Defense Costs: Why the Restatement Adopts the Wrong Approach" by Laura A. Foggan
• "Duty to Settle: Why Proposed Sections 24 and 27 Have No Place in a Restatement of the Law of Liability Insurance" by Kim V. Marrkand
• "A No-Fault Approach to the Duty to Settle" by Bruce L. Hay
• "Interpreting the Rules of Insurance Contract Interpretation" by Mark A. Geistfeld
• "Patchwork Contextualism in the Anglo-Canadian Law of Insurance Policy Interpretation: Implications for the Principles of the Law of Liability Insurance" by Erik S. Knutsen

Reporter Tom Baker of the University of Pennsylvania Law School, and Associate Reporter Kyle D. Logue of the University of Michigan Law School, will present additional sections of the project to the ALI Council in January  2016. The Reporters will present a draft to the ALI membership at the Institute’s Annual Meeting in May 2016.

Rutgers Law Review’s Volume 68, Issue 1, is now available at rutgersuniversitylawreview.com.

Featured Members