Overview of the major coverage issues addressed in the recently approved ALI Restatement on liability insurance, which took almost a decade to finalize involving significant drafts and revisions to complete based on input from both the carrier and policyholder bars.
Gain an understanding of the process by which Restatements are created and of the common misconceptions with respect to how Restatements relate to “common law” or "majority" rules.
Trace the twists and turns wherein the American Law Institute ultimately adopted its own version of the “plain meaning” rule for interpreting liability insurance policies.
Understand the Restatement’s framework for analyzing when affirmative misstatements or omissions may void coverage based on principles of misrepresentation.
What role does this Restatement contemplate for excess insurers and will primary insolvencies or “exhaustion by settlement” trigger excess obligations?
What is the scope of contemplated coverage for injuries resulting from intentional acts and do principles of public policy preclude coverage for punitive damages?
How will long-tail and mass tort claims be treated under this Restatement, including the crucial issues of trigger of coverage, allocation, known loss and numbers of “occurrences.”