What's happening
This resolution states that the American Law Institute’s Restatement of the Law, Liability Insurance should not be considered authoritative for New York law.
Why it matters
Limits influence of national legal guidelines. By rejecting the American Law Institute’s Restatement as authoritative, New York is asserting that national summaries or reinterpretations of liability insurance law should not override or substitute for the state’s own statutes, regulations, and court precedents.
Protects predictability for insurers and policyholders. The resolution aims to prevent confusion or unpredictable shifts in how liability insurance disputes are resolved in New York, ensuring continuity and consistency based on existing state law rather than outside recommendations that may not align with local legal traditions.
Signals legislative priorities and autonomy. This move emphasizes New York’s preference to maintain control over the interpretation and evolution of its own insurance laws, rather than deferring to external legal organizations, potentially affecting how courts and litigants frame arguments and cite sources in future cases.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Headline styles
Reject ALI Insurance Restatement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to finance
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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… Show allHide
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.