Senate Resolution No. 1754

BY: Senator BRESLIN

REGARDING the Restatement of the Law, Liability
Insurance that was approved at the 2018 annual
meeting of the American Law Institute

WHEREAS, The American Law Institute has been developing a
Restatement of the Law, Liability Insurance; and

WHEREAS, The American Law Institute Restatements traditionally have
been held in high regard and relied upon by courts, including the courts
of New York, as authoritative references regarding established rules and
principles of law; and

WHEREAS, Such Restatements, in the American Law Institute'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" (American Law Institute Style Guide, 2015); and

WHEREAS, Several significant matters addressed by the Restatement of
the Law, Liability Insurance that was approved at the 2018 annual
meeting of the American Law Institute are not consistent with the
established law of this and other states, and may result in confused and
conflicting application of the law to insurers and policyholders; and

WHEREAS, It is the sense of this Legislative Body that: in any
action governed by the law of this State, concerning the rights and
obligations arising in connection with, under or from a liability
insurance policy, the United States and New York constitutions, the law
expressed in the statutes and regulations of this State, and the common
law and case law precedent from this State should apply; and

WHEREAS, The American Law Institute's Restatement of the Law,
Liability Insurance is not a source of New York law, and should not be
afforded recognition as an authoritative reference regarding New York
liability insurance law; now, therefore, be it

RESOLVED, That this Legislative Body pause in its deliberations to
regard the Restatement of the Law, Liability Insurance that was approved
at the 2018 annual meeting of the American Law Institute; and be it
further

RESOLVED, That a copy of this Resolution, suitably engrossed, be
transmitted to the American Law Institute.