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CONCURRENT RESOLUTION
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WHEREAS, In 2018, the American Law Institute passed a |
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Restatement of the Law of Liability Insurance; and |
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WHEREAS, ALI Restatements have traditionally been held in |
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high regard and relied upon by courts as authoritative references |
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regarding established rules and principles of law; and |
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WHEREAS, Such Restatements, in the ALI's own words, are |
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"primarily addressed to courts" and "aim at clear formulations of |
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common law and its statutory elements of variations and reflect the |
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law as it presently stands or might appropriately be stated by a |
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court," as stated in the ALI Style Guide, 2015; and |
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WHEREAS, The Restatement contains several areas that, |
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contrary to the above-stated intent, are inconsistent with |
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well-established law and purport to address matters that are |
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properly within the legislative prerogative; accordingly, courts |
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cannot properly rely on the new Restatement; and |
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WHEREAS, The ALI's most recent Restatement is neither |
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consistent with well-established insurance law nor respectful of |
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the role of state legislators in establishing legal standards and |
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practice for the insurance industry, and it is not worthy of |
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recognition by the courts as an authoritative reference; now, |
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therefore, be it |
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RESOLVED, That the 86th Legislature of the State of Texas |
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hereby condemn the American Law Institute's 2018 Restatement of the |
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Law of Liability Insurance and discourage courts from relying on |
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the Restatement as an authoritative reference regarding |
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established rules and principles of law; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president and director of the |
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American Law Institute. |