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February 13, 2019

“ALI Shouldn’t ‘Teach’ Insurance Restatement In A Courthouse”

In a Law360 expert analysis piece, the chair and founder of the Mintz Levin law firm’s Insurance Practice said the American Law Institute (ALI) should not ask judges “to lend the prestige of their office to aid” the group’s marketing campaign of its controversial Restatement of the Law on Liability Insurance (RLLI).

Kim Marrkand said an event hosted by a judge in a courthouse, like the one later this month hosted by a federal judge and state judge in Texas, “will readily lead to the conclusion that the sponsoring judges have implicitly endorsed the RLLI.” She said the ALI will put judges in “the position of having to show there is no conflict” in cases involving it. The proper venue to determine its usefulness, she says, is in a courtroom, not a courthouse, where “all parties have a full and fair opportunity to brief the particular issue.”

The controversy around the RLLI has led to some states to consider legislation invalidating it. Ohio, for example, recently passed a law rejecting the RLLI completely.

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