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Restatement of the Law, Liability Insurance
This work addresses the complex rules adopted and applied by the courts in insurance coverage litigation.
Publisher: American Law Institute
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International Order InquiryThis work addresses the complex rules adopted and applied by the courts in insurance coverage litigation.
Reporter:
Tom Baker, University of Pennsylvania Law School
Associate Reporter:
Kyle D. Logue, University of Michigan Law School
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Foreword
Reporters’ Preface
CHAPTER 1 -BASIC LIABILITY INSURANCE CONTRACT RULES
§ 1. Definitions
TOPIC 1 - INTERPRETATION
§ 2. Insurance Policy Interpretation
§ 3. The Plain-Meaning Rule
§ 4. Ambiguous Terms
TOPIC 2 - WAIVER AND ESTOPPEL
§ 5. Waiver
§ 6. Estoppel
TOPIC 3 - MISREPRESENTATION
§ 7. Misrepresentation
§ 8. Materiality Requirement
§ 9. Reasonable-Reliance Requirement
CHAPTER 2 - Management of Potentially Insured
Liability Claims
TOPIC 1 - DEFENSE
§ 10. Scope of the Right to Defend
§ 11. Confidentiality
§ 12. Liability of Insurer for Conduct of Defense
§ 13. Conditions Under Which the Insurer Must Defend
§ 14. Duty to Defend: Basic Obligations
§ 15. Reserving the Right to Contest Coverage
§ 16. The Obligation to Provide an Independent Defense
§ 17. The Conduct of an Independent Defense
§ 18. Terminating the Duty to Defend a Legal Action
§ 19. Consequences of Breach of the Duty to Defend
§ 20. When Multiple Insurers Have a Duty to Defend
§ 21. Insurer Recoupment of the Costs of Defense
§ 22. Defense-Cost-Indemnification Policies
§ 23. The Right to Associate in the Defense
TOPIC 2 - SETTLEMENT
§ 24. The Insurer’s Duty to Make Reasonable Settlement Decisions
§ 25. The Effect of a Reservation of Rights on Settlement Rights and Duties
§ 26. The Effect of Multiple Claimants on the Duty to Make Reasonable Settlement Decisions
§ 27. Remedies for Breach of the Duty to Make Reasonable Settlement Decisions
§ 28. Excess Insurer’s Right of Subrogation
TOPIC 3 - COOPERATION
§ 29. The Insured’s Duty to Cooperate
§ 30. Consequences of the Breach of the Duty to Cooperate
CHAPTER 3 - General Principles Regarding the Risks Insured
TOPIC 1 - COVERAGE
§ 31. Insuring Clauses
§ 32. Exclusions
§ 33. Timing of Events That Trigger Coverage
TOPIC 2 - CONDITIONS
§ 34. Conditions in Liability Insurance Policies
§ 35. Notice and Reporting Conditions
§ 36. Assignment of Rights Under a Liability Insurance Policy
TOPIC 3 - APPLICATION OF LIMITS, RETENTIONS, AND DEDUCTIBLES
§ 37. Policy Limits
§ 38. Number of Accidents or Occurrences
§ 39. Excess Insurance: Exhaustion and Drop Down
§ 40. Indemnification from Multiple Policies: The General Rule
§ 41. Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies
§ 42. Contribution
§ 43. The Effect of Partial Settlements on Amounts Owed by Non-Settling Insurers
CHAPTER 4 - Enforceability and Remedies
TOPIC 1 - ENFORCEABILITY
§ 44. Implied-in-Law Terms and Restrictions
§ 45. Insurance of Liabilities Involving Aggravated Fault
§ 46. Insurance of Known Liabilities
TOPIC 2 - REMEDIES
§ 47. Remedies Potentially Available
§ 48. Damages for Breach of a Liability Insurance Policy
§ 49. Liability for Insurance Bad Faith
§ 50. Remedies for Liability Insurance Bad Faith
Index
