"Why Ohio Nixed The New Liability Insurance Law Restatement"

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August 13, 2018

The Co-Chair of Mintz Levin Cohn Ferris Glovsky and Popeo PC’s Insurance Practice said in a Law360 op-ed that Ohio legislators took “decisive action” to reject the American Law Institute’s (ALI) Restatement of Law, Liability Insurance because the “red flags” about “ALI’s over-reaching” were “ignored again.”

Kim V. Marrkand said Ohio’s action was “not surprising given the fact that, for years, the ALI chose to ignore the alarm governors and legislators” had on the Restatement’s effect on litigation. She said there was “never a justification as to what was so broken with existing liability insurance law that the ALI needed to direct its massive artillery toward changing it.” Instead, ALI went on an “academic-driven undertaking” that ignored what should have been the “overriding principle guiding” it—that it “should present the consensus view of American courts” rather than changing the law.

Given the ignored alarms from officials, Marrkand said the “only remaining question, therefore, is what state will be next in passing similar legislation.”