Insurers are concerned by the early returns from the American Law Institute as it dedicates one of its Restatements to liability insurance – a project that could result in suggested new guidelines for judges handling those cases.
The ALI completed its most recent session dedicated to its Restatement of the Law of Liability Insurance project earlier this month in Philadelphia, and some industry attorneys expressed caution at the possible ramifications.
Sherilyn Pastor, of McCarter & English in Newark, N.J., said the Restatement is likely to shape courts’ treatment of future insurance disputes and will be helpful to judges.
“The Restatement provides a detailed analysis of various complex insurance issues, and it offers the common law rules that have developed around them,” Pastor said.