TX
Texas House Bill HCR58

Texas 2019 - 86th Regular

Texas House Bill HCR58 Compare Versions

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11 86R10538 BPG-D
22 By: Oliverson H.C.R. No. 58
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55 CONCURRENT RESOLUTION
66 WHEREAS, In 2018, the American Law Institute passed a
77 Restatement of the Law of Liability Insurance; and
88 WHEREAS, ALI Restatements have traditionally been held in
99 high regard and relied upon by courts as authoritative references
1010 regarding established rules and principles of law; and
1111 WHEREAS, Such Restatements, in the ALI's own words, are
1212 "primarily addressed to courts" and "aim at clear formulations of
1313 common law and its statutory elements of variations and reflect the
1414 law as it presently stands or might appropriately be stated by a
1515 court," as stated in the ALI Style Guide, 2015; and
1616 WHEREAS, The Restatement contains several areas that,
1717 contrary to the above-stated intent, are inconsistent with
1818 well-established law and purport to address matters that are
1919 properly within the legislative prerogative; accordingly, courts
2020 cannot properly rely on the new Restatement; and
2121 WHEREAS, The ALI's most recent Restatement is neither
2222 consistent with well-established insurance law nor respectful of
2323 the role of state legislators in establishing legal standards and
2424 practice for the insurance industry, and it is not worthy of
2525 recognition by the courts as an authoritative reference; now,
2626 therefore, be it
2727 RESOLVED, That the 86th Legislature of the State of Texas
2828 hereby condemn the American Law Institute's 2018 Restatement of the
2929 Law of Liability Insurance and discourage courts from relying on
3030 the Restatement as an authoritative reference regarding
3131 established rules and principles of law; and, be it further
3232 RESOLVED, That the Texas secretary of state forward official
3333 copies of this resolution to the president and director of the
3434 American Law Institute.