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October 25, 2016

ALI Guidelines Leave Insurers Concerned

The American Law Institute (ALI) completed its most recent session dedicated to its Restatement of the Law of Liability Insurance project earlier this month and some industry attorneys expressed caution at the possible ramifications, reports Forbes/Legal Newsline.

Laura Foggan, an attorney at Wiley Rein in Washington, D.C. says “there are many sections [of ALI’s restatement] that appear to be aimed at crafting new legal rules, generally with a tilt against insurers and often to the detriment of the insurance system.”

Foggan went on to say that “historically, courts have given weight to Restatements as well-respected summaries of black-letter law. But when Restatements assume roles as self-appointed advocates for approaches deemed to be ‘better,’ their applicability in court cases is far more controversial and they should not be given any special weight.”

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