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124 However, the bill was amended on the floor of the House to state that courts g state authority: A statement or restatement of the law in any legal treatise, scholarly publication, textbook, or other explanatory text shall not constitute the law or public policy of the Commonwealth of Kentucky. Contrary to the fears expressed by legislators and insurance-industry representatives, the sky is not falling: Courts citing the Restatement have refused to blindly follow the RLLI provisions cited to them, engaging (as frankly one would expect) in an analysis of applicable case law and other authorities in the state. 117 For example, the North Dakota legislation states that the Restatement should laws, rules, and pr 118 Other states have adopted similar In an action brought in a court in the state, the court shall not apply Restatement of the Law, Liability Insurance the principle is clearly expressed in a statute of the state, the common law, or case law precedent of the state. The pertinent sentence in this otherwise irrelevant and lengthy statute states that the RLLI is n The Restatement of the Law, Liability Insurance that was approved at the 2018 annual meeting of the American Law Institute does not constitute the public policy of this state and is not an appropriate subject of notice. 76 Interestingly, as shown below, the model legislation evolved and has gone through multiple revisions, in the same way that the RLLI drafts evolved and were revised in response to comments and from further research and work. a) First Proposed Model Act on the Restatement egarding Tennessee in 2018 (before the final Restatement was published) to require e to the model language encouraged States to work with [s] of 75 Some motions made by insurer representatives in the Spring of 2017 asked that the ALI recommit stating in part that insurers were unaware before early 2017 of the effort to create the RLLI. [Extracted from the article] |
