Bill Text: TX HCR58 | 2019-2020 | 86th Legislature | Introduced

Texas House Concurrent Resolution 58 (Prior Session Legislation)

Introduced

Bill Title: Condemning the American Law Institute's 2018 Restatement of the Law of Liability Insurance and discouraging courts from relying on the Restatement as an authoritative reference regarding established rules and principles of law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-02 - Committee report sent to Calendars [HCR58 Detail]

Download: Texas-2019-HCR58-Introduced.html

	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.