Fall 2020 | The ALI Liability Insurance Restatement

Insurance

From Quiet to Confrontational to (Potentially) Quiescent: The Path of the ALI Liability Insurance Restatement

Jeffrey W. Stempel

A law professor and RLLI adviser describes the genesis and development of the ALI Restatement of the Law, Liability Insurance and emerging controversy, addressing the most salient and controversial aspects of the restatement.

Insurance

How a Broken Process, Broken Promises, and Reimagined Rules Justify the Bench and Bar’s Skepticism Regarding the Reliability of the Restatement of the Law, Liability Insurance

Kim V. Marrkand

The 2019 approval of the RLLI, an undertaking fraught with controversy, triggered a groundswell of opposition. The bench and bar should view the restatement with both caution and skepticism because contrary to restating the law, it consistently reimagines or creates new rules for liability insurance.

Insurance

Rules of Policy Interpretation Reflect Lingering Policyholder Bias in the ALI’s Restatement of the Law, Liability Insurance

Laura A. Foggan and Rachael Padgett

A review of the RLLI rules for insurance policy interpretation reveals that the reporters’ early proposals recommending aspirational policies and guidelines for a principles project often had equal or greater influence than the existing common law on the final RLLI “rules.”

Insurance

“Plain Meaning” and the Meaning of “Plain”: Section 3 of the Restatement of the Law, Liability Insurance

Lorelie S. Masters

An RLLI adviser seeks to put the RLLI controversy in context by explaining its history, considerations applicable to its policy interpretation rules, and the insurance industry’s efforts to limit use of the RLLI through legislation.

Insurance

The Rights and Duties of Insurers and Insureds under Self-Insured Retentions

Seth Lamden and Iain A.W. Nasatir

As the economic consequences of the COVID-19 pandemic continue to unfold, many liability insurers are being more selective in risk acceptance and limiting exposure, such as by issuing coverage in excess of a self-insured retention.

Insurance

When the Second Shoe Drops: COVID-19 Losses and Reinsurance

Larry P. Schiffer

Whether and how COVID-19 claims will be paid by insurance companies is an open question. How those claims, if and when paid, will be transferred to reinsurers is also an open question.

Practice Management

Workplace Danger: Violence against Lawyers and Law Firm Staff

Douglas R. Richmond

Remote though the risk of workplace violence may seem, law firm leaders must recognize that it exists and commit their firms to taking practical steps to reasonably ensure the safety of their lawyers, staff, and visitors.

Tort

This Is Our Year

John C. McMeekin II

The Section’s chair reflects on TIPS’s responses to the present challenges as well as opportunities for you to get involved in TIPS projects and initiatives.

Insurance

Insurance Regulation Committee: The Premier Insurance Regulatory Resource

Francine L. Semaya

This TIPS committee brings together a vast complement of attorneys from the insurance regulatory arena representing both the property/casualty and life/health industries.

Tort

Update on the Latest Programs and Events in Your Tort Trial and Insurance Practice Section

TIPS reports on the ABA Virtual Annual Meeting and Judge Bernice Donald’s receipt of the first Lifetime Liberty Achievement Award and highlights recent webinars.