Clausen Miller Launches Restatement of the Law of Liability Insurance Task Force

Liability Coverage and Reinsurance Practice Group Leader Amy Paulus is spearheading CM’s efforts to equip our clients with the most up-to-date and thorough arsenal of research and briefs to combat the misuse of the nascent ALI Restatement of Liability Insurance Law in coverage litigation and elsewhere.  While the draft Restatement is not technically scheduled to be called for a vote until May 2018, Ms. Paulus notes that it has already been cited by several courts, and it even played a role in two recent decisions of courts in Texas and Indiana.  Despite the efforts of various insurance industry groups and commentators, the reality is that the Restatement is now a tool being used by the policyholder’s bar in coverage litigation, so time is of the essence for insurers.

CM’s Restatement Task Force has created a database to monitor and track primary and secondary sources that pertain to the use of the Restatement, including court filings, rulings, publications, speeches, etc.  Important developments will be logged and reported, especially if the Restatement is mentioned in pleadings or court orders.  CM will identify the issues on which the Restatement is cited; the jurisdictions/courts; types of insurance policies or relevant policy language at issue; policyholder firms and tactics promoting its use; and counterarguments and authorities that show the true state of the law in all jurisdictions.

Additionally, several clients have requested that CM’s Task Force provide consulting services and “parachute in” with assistance on briefing, oral arguments and amicus submissions.  Ms. Paulus reports that CM is ready to provide the insights and firepower to our clients on this important initiative.  CM Partners Colleen Beverly, Ilene Korey and Mark Zimmerman have joined Ms. Paulus in ensuring that seasoned coverage litigators are leading the Task Force endeavors.

If you would like additional information or would like to be included on the Restatement Task Force’s circulation list, please contact Amy Paulus at apaulus@clausen.com or 312-606-7848.