ALI's Restatement on Liability Insurance: Real-World Applications on Crucial Issues

Coverage Interpretation; Duty to Defend, Claims Settlement; Bad Faith

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 15, 2022

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will present an overview of the significant coverage issues in the most recent iteration of the American Law Institute (ALI) ResThis CLE webinar will examine the real-world applications and decisions of the American Law Institute (ALI) Restatement on Liability Insurance, in key areas, such as the plain meaning rule; bad faith/damages; reservation of rights letters; the role of defense counsel; reimbursement of defense fees; and the duty to settle. The panel will identify typical scenarios where the Restatement is often invoked and discuss actual decisions. The program will prepare counsel to argue in court on topics that ALI has addressed.

Description

Historically, Restatements published by the ALI have had an enormous influence on binding legal decisions. But it is unclear whether the most recent and most controversial changes will be as influential as courts have both embraced and rejected its positions.

The panel will focus on those areas of concern to insurance coverage professionals as they were actually decided. The program will explore what strategies have worked in arguments to real tribunals.

Listen as our panel of distinguished insurance practitioners outlines the Restatement's most important takeaways and how to make practical real-world arguments.

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Outline

  1. Overview of the Restatement
  2. High priority areas
    1. Coverage interpretation / extrinsic evidence
    2. Duty to defend
      1. Defense counsel's sharing of information with the insurer
      2. Supplementing the reservation of rights
      3. Liability of insurers for defense counsel's malpractice
      4. Reimbursement of defense costs
    3. Claim settlement
    4. Bad faith
  3. Review of recent cases

Benefits

The panel will review these and other notable matters:

  • How does the Restatement treat the plain meaning rule to policy interpretation?
  • What impact does the Restatement have on communications between insurers and defense counsel?
  • How does the Restatement treat bad faith and the duty to defend?
  • What are the remedies for a breach of duties?
  • How does the Reinstatement address reimbursement of defense costs?
  • To what extent are insurance practitioners already using--and courts adopting--the new Restatement?

Faculty

Hsu, Linda
Linda W. Hsu

Partner
Selman Breitman

Ms. Hsu has specialized in insurance coverage and insurance bad faith litigation since 1994. She handles all first and...  |  Read More

Lambert, Patricia
Patricia M. Lambert

Member
PK Law

Ms. Lambert has over 35 years of experience in handling complex commercial litigation and insurance matters. She...  |  Read More

Thomas, Jeffrey E.
Professor Jeffrey E. Thomas

Associate Dean
University of Missouri-Kansas City

Mr. Thomas' research focuses on insurance law and on the intersection between law and culture. He is the...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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