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How a Broken Process, Broken Promises, and Reimagined Rules Justify the Bench and Bar’s Skepticism Regarding the Reliability of the Restatement of the Law, Liability Insurance

Kim V. Marrkand, Mintz Member and Founder and Co-chair of the firm’s Insurance Practice, authored an article published in The Brief by the American Bar Association, regarding the American Law Institute (ALI)’s Restatement of the Law, Liability Insurance. The article traces the history of the Restatement and how the ALI’s “fractured” process, which included revising the rules governing Restatements and rewriting well-settled laws of liability insurance, justifies skepticism by both the bench and bar as to its reliability.

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The Brief

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