On Demand

Understanding the Restatement of the Law of Liability Insurance Through Trends in Litigation & Legislative Action


Created on April 05, 2021





This program will discuss the American Law Institute's Restatement of the Law of Liability Insurance. The ALI started work on this Restatement in 2010, and it was finally approved in May of 2018. This Restatement has been controversial throughout its drafting and approval, and its conclusions often times conflict with the majority of States' decisional law.

Alexandra Rigney, a partner of Fleischner Potash, will provide a brief overview of the Restatement process and industry response. She will then explore several key provisions of the Restatement, and how these are either in line with or contrary to the established case law. Finally, the program will consider how the Courts and State Legislatures have responded to the Restatement - specifically discussing whether the Restatement is influencing a change in the law of liability insurance.

This program will benefit insurance coverage attorneys, including both those that advise insurance industry clients, and litigators.

Learning Objectives:

  1. Review the history of the drafting of the Restatement of the Law of Liability Insurance
  2. Discuss key provisions of the Restatement (such as the duty to defend, settlements, bad faith, and reservation of rights letters)
  3. Understand how the Restatement of the Law of Liability Insurance has been viewed by State Legislatures
  4. Review court decisions that have cited to the Restatement – either positively or negatively – and how this may change established caselaw

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