Here is a special opportunity to participate in the development of insurance law and best practices. A first-of-its-kind forum is being made available to discuss general concepts inherent in insurance law and claims handling, and also to weigh in on more specific suggestions under discussion at the American Law Institute as a part of the process of developing a Restatement of the Law of Liability Insurance:
Contact Details
- Restatement of Law of Liability Insurance
- Rutgers School of Law-Camden
Restatement of Law of Liability Insurance
The American Law Institute’s “Restatement of the Law of Liability Insurance” aims, as former Director Lance Liebman said, to seek “the efficient and fair rules that should govern the insurer/insured relationship.” The project has sparked spirited debate, and this is an appropriate time to assess the work yet still early enough to influence the project. The conference will engage academics and practicing lawyers in discussion of the issues raised by the Restatement. Papers presented during the conference will be published in the Rutgers University Law Review.
CLE credit will be available for NJ, NY, and PA.
PAPERS (password protected)
| 8:30-9:00 | Registration and coffee |
| 9:00-9:10 | Welcome Interim Dean John Oberdiek ALI Deputy Director Stephanie Middleton |
| 9:10-10:30 Insurance contract interpretation | Mark Geistfeld (NYU) Interpreting the Rules of Insurance Contract Interpretation |
| Michelle Boardman (George Mason) Contra Proferentem | |
| Erik Knutsen (Queens) A Comparative Approach to Insurance Policy Interpretation: US/UK/Canada | |
| Patricia Santelle (White and Williams) | |
| 10:30-10:45 Break | |
| 10:45-12:05The duty to settle | Jeffrey Thomas (UMKC) The Standard for Breach of a Liability Insurer’s Duty to Make Reasonable Settlement Decisions |
| Kenneth Abraham (Virginia) The Duty to Settle Uncertain and Mixed Claims | |
| Leo Martinez (Hastings) The Duty to Make Reasonable Settlement Decisions | |
| Kim Marrkand (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo) An Examination of Proposed Sections 27 and 30 of the Restatement: Why They Are Contrary to Well-Settled Law and Contrary to Public Policy And Should Not Be Adopted | |
| 12:05-12:20 Reporter’s comment | Tom Baker (Penn) |
| 12:20-1:10 Lunch | |
| 1:10-2:30 The defense of claims | William T. Barker (Dentons) and Charles Silver (Texas) Using Ancillary Rules to Stretch Policy Coverage |
| George Cohen (Virginia) Vicarious Liability of Liability Insurer for Breach by Defense Counsel | |
| Laura Foggan (Wiley Rein) Section 21 Consequences of Ordinary Breach of the Duty to Defend: The Existing Case Law and Policy Considerations | |
| Timothy Law (Reed Smith) Section 17 Reserving the Right to Contest Coverage, Section 20 Terminating the Duty to Defend a Claim, and Section 21 Consequences of Ordinary Breach of Duty to Defend | |
| 2:30-2:45 Break | |
| 2:45-4:15Other issues | Jeffrey Pollock (Fox Rothschild) The Concept of a “Large Commercial Policyholder” |
| Heather Steinmiller (Conner Strong & Buckelew Companies) Brokers’ Perspective | |
| Victor Schwartz and Christopher Appel (Shook Hardy) Encouraging Constructive Conduct By Policyholders in the Restatement of the Law of Liability Insurance | |
| Ellis Medoway (Archer & Greiner) Policyholders’ Perspective | |
| Bruce Hay (Harvard) Law as Risk: Insurance Against Fines, Penalties, and Punitive Damages | |
| 4:15-4:30Reporter’s comment | Kyle Logue (Michigan) |
Participation is also available by access through this portal: http://crr.rutgers.edu/event/restatement-lli-conference/