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