This work addresses the many changes in sentencing philosophy and practice that have taken place in the more than 40 years since these matters were first addressed in the Model Code. The project considers the contemporary controversy about the appropriate length of American criminal sentences and the present widespread dissatisfaction with the rules and procedures used to determine them. More information on the Code and Commentaries.
Reporter:
Kevin R. Reitz. University of Minnesota Law School
Associate Reporter:
Cecelia Klingele, University of Wisconsin Law School
On October 23, 2009, the ALI Council voted overwhelmingly, with some abstentions, to accept the resolution of the capital punishment matter as approved by the Institute’s membership at the 2009 Annual Meeting. The resolution adopted at the Annual Meeting and now accepted by the Council reads as follows: “For reasons stated in Part V of the Council’s report to the membership, the Institute withdraws Section 210.6 of the Model Penal Code in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.” Council’s report to the membership (April 15, 2009)
Having achieved the consensus of the membership at the Annual Meeting and now of the Council, this resolution is the official position of the Institute. Efforts will be made to communicate this position wherever the Model Penal Code is published or otherwise available and to the public generally.
Black-Letter extracted from Proposed Final Draft
Project Status at a Glance xii
Foreword xv
Reporters’ Memorandum xxi
CHAPTER 1 BASIC LIABILITY INSURANCE CONTRACT RULES
§ 1. Definitions 1
Topic 1: Interpretation
2. Insurance-Policy Interpretation 8
§ 3. The Presumption in Favor of the Plain Meaning of Standard-Form Insurance-Policy Terms 16
§ 4. Ambiguous Terms 30
Topic 2: Waiver and Estoppel
§ 5. Waiver 47
§ 6. Estoppel 59
Topic 3: Misrepresentation
§ 7. Misrepresentation 69
§ 8. Materiality Requirement 81
§ 9. Reasonable-Reliance Requirement 88
CHAPTER 2 MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS
Topic 1: Defense
§ 10. Scope of the Right to Defend 101
§ 11. Confidentiality 105
§ 12. Liability of Insurer for Conduct of Defense 111
§ 13. Conditions Under Which the Insurer Must Defend 114
§ 14. Duty to Defend: Basic Obligations 124
§ 15. Reserving the Right to Contest Coverage 132
§ 16. The Obligation to Provide an Independent Defense 141
§ 17. The Conduct of an Independent Defense 147
§ 18. Terminating the Duty to Defend a Legal Action 153
§ 19. Consequences of Breach of the Duty to Defend 162
§ 20. When Multiple Insurers Have a Duty to Defend 174
§ 21. Insurer Recoupment of the Costs of Defense 182
§ 22. Defense-Cost-Indemnification Policies 191
§ 23. The Right to Associate in the Defense 198
Topic 2: Settlement
§ 24. The Insurer’s Duty to Make Reasonable Settlement Decisions 205
§ 25. The Effect of a Reservation of Rights on Settlement Rights and Duties 222
§ 26. The Effect of Multiple Claimants on the Duty to Make Reasonable Settlement Decisions 236
§ 27. Damages for Breach of the Duty to Make Reasonable Settlement Decisions 239
§ 28. Excess Insurer’s Right of Subrogation 250
Topic 3: Cooperation
§ 29. The Insured’s Duty to Cooperate 254
§ 30. Consequences of the Breach of the Duty to Cooperate 261
CHAPTER 3 GENERAL PRINCIPLES REGARDING THE RISKS INSURED
Topic 1: Coverage
§ 31. Insuring Clauses 271
§ 32. Exclusions 273
§ 33. Timing of Events That Trigger Coverage 282
Topic 2: Conditions
§ 34. Conditions in Liability Insurance Policies 294
§ 35. Consent or Approval of the Insurer as a Condition 299
§ 36. Notice and Reporting Conditions 303
§ 37. Assignment of Rights Under a Liability Insurance Policy 314
Topic 3: Application of Limits, Retentions, and Deductibles
§ 38. Policy Limits 320
§ 39. Number of Accidents or Occurrences 322
§ 40. Excess Insurance: Exhaustion and Drop Down 329
§ 41. Indemnification from Multiple Policies: The General Rule 338
§ 42. Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies 345
§ 43. Contribution 365
§ 44. The Effect of Partial Settlements on Amounts Owed by Non-Settling Insurers 371
CHAPTER 4 ENFORCEABILITY AND REMEDIES
Topic 1: Enforceability
§ 45. Implied-in-Law Terms and Restrictions 377
§ 46. Insurance of Liabilities Involving Aggravated Fault 380
§ 47. Insurance of Known Liabilities 390
Topic 2: Remedies
§ 48. Remedies Potentially Available 398
§ 49. Damages for Breach of a Liability Insurance Policy 406
§ 50. Liability for Insurance Bad Faith 412
§ 51. Damages for Liability Insurance Bad Faith 420
Appendix. Black Letter of Proposed Final Draft 429
The Proposed Final Draft contains Part I, General Provisions; Art. 1 Preliminary; Art. 6 Authorized Disposition of Offenders; Art. 6X Collateral Consequences of Criminal Conviction; Art. 6A. Sentencing Commission; Art. 6B Sentencing Guidelines; Art. 7 Judicial Sentencing Authority; Art. 305 Prison Release; Correctional Populations Exceeding Capacity. This draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Project Status at a Glance xii
Foreword xv
Reporters’ Memorandum xxi
CHAPTER 1 BASIC LIABILITY INSURANCE CONTRACT RULES
§ 1. Definitions 1
Topic 1: Interpretation
2. Insurance-Policy Interpretation 8
§ 3. The Presumption in Favor of the Plain Meaning of Standard-Form Insurance-Policy Terms 16
§ 4. Ambiguous Terms 30
Topic 2: Waiver and Estoppel
§ 5. Waiver 47
§ 6. Estoppel 59
Topic 3: Misrepresentation
§ 7. Misrepresentation 69
§ 8. Materiality Requirement 81
§ 9. Reasonable-Reliance Requirement 88
CHAPTER 2 MANAGEMENT OF POTENTIALLY INSURED LIABILITY CLAIMS
Topic 1: Defense
§ 10. Scope of the Right to Defend 101
§ 11. Confidentiality 105
§ 12. Liability of Insurer for Conduct of Defense 111
§ 13. Conditions Under Which the Insurer Must Defend 114
§ 14. Duty to Defend: Basic Obligations 124
§ 15. Reserving the Right to Contest Coverage 132
§ 16. The Obligation to Provide an Independent Defense 141
§ 17. The Conduct of an Independent Defense 147
§ 18. Terminating the Duty to Defend a Legal Action 153
§ 19. Consequences of Breach of the Duty to Defend 162
§ 20. When Multiple Insurers Have a Duty to Defend 174
§ 21. Insurer Recoupment of the Costs of Defense 182
§ 22. Defense-Cost-Indemnification Policies 191
§ 23. The Right to Associate in the Defense 198
Topic 2: Settlement
§ 24. The Insurer’s Duty to Make Reasonable Settlement Decisions 205
§ 25. The Effect of a Reservation of Rights on Settlement Rights and Duties 222
§ 26. The Effect of Multiple Claimants on the Duty to Make Reasonable Settlement Decisions 236
§ 27. Damages for Breach of the Duty to Make Reasonable Settlement Decisions 239
§ 28. Excess Insurer’s Right of Subrogation 250
Topic 3: Cooperation
§ 29. The Insured’s Duty to Cooperate 254
§ 30. Consequences of the Breach of the Duty to Cooperate 261
CHAPTER 3 GENERAL PRINCIPLES REGARDING THE RISKS INSURED
Topic 1: Coverage
§ 31. Insuring Clauses 271
§ 32. Exclusions 273
§ 33. Timing of Events That Trigger Coverage 282
Topic 2: Conditions
§ 34. Conditions in Liability Insurance Policies 294
§ 35. Consent or Approval of the Insurer as a Condition 299
§ 36. Notice and Reporting Conditions 303
§ 37. Assignment of Rights Under a Liability Insurance Policy 314
Topic 3: Application of Limits, Retentions, and Deductibles
§ 38. Policy Limits 320
§ 39. Number of Accidents or Occurrences 322
§ 40. Excess Insurance: Exhaustion and Drop Down 329
§ 41. Indemnification from Multiple Policies: The General Rule 338
§ 42. Allocation in Long-Tail Harm Claims Covered by Occurrence-Based Policies 345
§ 43. Contribution 365
§ 44. The Effect of Partial Settlements on Amounts Owed by Non-Settling Insurers 371
CHAPTER 4 ENFORCEABILITY AND REMEDIES
Topic 1: Enforceability
§ 45. Implied-in-Law Terms and Restrictions 377
§ 46. Insurance of Liabilities Involving Aggravated Fault 380
§ 47. Insurance of Known Liabilities 390
Topic 2: Remedies
§ 48. Remedies Potentially Available 398
§ 49. Damages for Breach of a Liability Insurance Policy 406
§ 50. Liability for Insurance Bad Faith 412
§ 51. Damages for Liability Insurance Bad Faith 420
Appendix. Black Letter of Proposed Final Draft 429
The Proposed Final Draft contains Part I, General Provisions; Art. 1 Preliminary; Art. 6 Authorized Disposition of Offenders; Art. 6X Collateral Consequences of Criminal Conviction; Art. 6A. Sentencing Commission; Art. 6B Sentencing Guidelines; Art. 7 Judicial Sentencing Authority; Art. 305 Prison Release; Correctional Populations Exceeding Capacity. This draft was approved by the membership at the 2017 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.<o:p></o:p>