86R10538 BPG-D
  By: Oliverson H.C.R. No. 58
         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.