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DRI Opposes American Law Institute's Restatement of the Law, Liability Insurance

  • by DRI
  • May 16, 2017, 14:58 PM

Dear Fellow DRI Members:

From time to time during my term as DRI President, I have written to you about matters of great importance to our members, our clients and the defense bar. The issue I call your attention to today is among the most critical DRI has addressed in recent years. It is an urgent matter of central importance to DRI members and our clients.

It is an issue in need of your immediate attention.

In just a few days, on May 22-24, 2017, the American Law Institute (ALI) will hold its annual meeting in Washington, D.C.  Among other things, the ALI drafts, approves, and publishes the Restatements of the Law, which are viewed by many courts as authoritative and persuasive.   During ALI’s upcoming  meeting, its members will vote to adopt the final draft of ALI’s Restatement of the Law, Liability Insurance. DRI has grave concerns over several portions of this body of work. Many provisions are at odds with the common law of insurance, and their adoption will impede the ability of our members to represent policyholders and insurers.  Furthermore, and contrary to the ALI Reporters’ stated goals and expectations, the proposed draft may engender more insurance coverage controversies and litigation.

DRI is opposed to the adoption of the Proposed Final Draft of the Restatement of the Law, Liability Insurance for the reasons set forth in my May 5th letter to ALI Director Richard L. Revesz, and which I encourage you to review for a more complete understanding of DRI’s position. Please review this list of DRI members of ALI here. Contact any known to you (or your firm), and urge them to vote against the adoption of the Restatement for the reasons articulated in my letter. 

Thank you for assisting with this important matter.

John E. Cuttino
DRI President  


DRI is the leading organization of defense attorneys and in-house counsel. Membership in DRI provides access to resources and tools for attorneys who strive to provide high-quality, balanced and excellent service to their clients and corporations. DRI is host to 29 substantive committees whose focus is to develop ongoing and critical dialogue about areas of practice. DRI provides access to resources and tools to grow your practice – members can search a database of more than 65,000 experts, attend renowned CLE seminars, conferences and webcasts, network with 22,000+ like-minded defense practitioners and more.