On May 22, 2018, the Membership of the American Law Institute gave their final approval to the Restatement of the Law, Liability Insurance (“RLLI”).

The Reporters for the RLLI were Professor Tom Baker of the University of Pennsylvania Law School and Professor Kyle D. Logue of the University of Michigan Law School.  The RLLI was the product of eight years of consultations with Advisors, ALI Members and multiple presentations to the ALI Council and at ALI Annual Meetings.  I participated in the Members Consultative Group (“MCG”) for the project and actively supported the adoption of the Reporters’ drafts at the 2017 and 2018 ALI Annual Meetings.

The RLLI will have a significant impact on the law of liability insurance.  The project was not without controversy.  Multiple constituencies were opposed to provisions that appeared in various drafts of the project. Professors Baker and Logue worked with stakeholders to address their concerns and produced a final draft that epitomizes the ALI’s mission “to clarify, modernize and improve the law.”

The Proposed Final Draft that the ALI Membership approved is available on the ALI’s website.  https://www.ali.org/publications/show/liability-insurance/  The Official Text of the RLLI will be available in print and online later this year or in early 2019.

If you have questions regarding the new Restatement of Law, Liability Insurance, contact Mark Stichel at (410) 783-3547 or hmstichel@agtlawyers.com.