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Laura Foggan, left, partner and Rachael Padgett, right, associate with Crowell & Moring. Laura Foggan, left, partner and Rachael Padgett, right, associate with Crowell & Moring.

Critics of the restatement of the law, liability insurance (RLLI) published by the American Law Institute (ALI) this June point out that its provisions often deviate from established state rules. Focusing on the issues of misrepresentation in procurement, reservations of rights, notice conditions and settlement credits, this article highlights four key differences between the RLLI’s provisions and established Pennsylvania liability insurance law. These examples show both that the RLLI conflicts with settled Pennsylvania insurance law, and that the RLLI overrides important Pennsylvania public policy considerations.

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