fbpx
News
May 9, 2018

Attorney: Insurance Restatement Filled With “Litigation Fuel”

At a meeting hosted by the National Council of Insurance Legislators on the American Law Institute’s controversial Restatement of the Law of Liability Insurance, the chairman of Shook Hardy & Bacon’s Public Policy Group said the restatement’s language still has reads as “litigation fuel.”

Specifically, Victor Schwartz pointed to the inclusion of the word “substantiality,” which, he says, “any law professor worth five cents” would know that it is “a weasel word.” He said another “litigation driver” is a clause requiring insurers to provide “adequate” malpractice insurance to insureds. Crowell & Moring Partner Laura Foggan agreed, saying the Restatement is a “magnet for expensive litigation and it’s a change in the law as it exists.”

The insurance restatement, which seeks to clarify the current state of insurance law for judges across the country, will be taken up at the group’s 2018 meeting from May 21-23. The restatement was a topic of heated debate before a scheduled final vote at last year’s meeting, but it was eventually tabled so it could undergo “another year of work.”  

calculator bankruptcy system Blog Protect the Integrity of the Bankruptcy System. Don’t Let Trial Lawyers Destroy It Other Issues Blog West Virginia Wants to Pay Jurors More---That’s a Good Thing Asbestos, Other Issues Podcasts Episode 23: Torts of The Future: Drones Class Action Litigation, Other Issues Press Releases US Chamber of Commerce Institute For Legal Reform Issues Statement on West Virginia Gov. Jim Justice’s Appointments to the Intermediate Court of Appeals Other Issues Podcasts EPISODE 21: Summit XXI: Litigation Line of Sight: Class and Mass Action Trends in Europe Class Action Litigation, Data Privacy, International Initiatives, Other Issues

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.

Cookie Notice

By clicking “I Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Review Settings