House Engrossed

State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020

HOUSE BILL 2644

 

AN ACT

 

amending title 20, chapter 1, article 1, Arizona Revised Statutes, by adding section 20‑123; relating to liability insurance.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 20, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 20-123, to read:

START_STATUTE20-123.  Liability insurance restatement; prohibition

A.  The Restatement of the Law, Liability Insurance is not the law or public policy of this state if the statement of the law is inconsistent or in conflict with or otherwise not addressed by any of the following sources:

1.  The constitution of the United States or this state.

2.  A statute of this state.

3.  This state's case law precedent adopted by the supreme court and appellate courts of this state.

4.  Other common law adopted by this state.

B.  Except as provided in subsection A of this section, the Restatement of the Law, Liability Insurance is not a source of Arizona law. END_STATUTE

Sec. 2.  Legislative findings and purpose

A.  The legislature finds that:

1.  The Restatement of the Law, Liability Insurance is not an unbiased compilation of the law on liability insurance.

2.  The Restatement of the Law, Liability Insurance does not follow the established precedent or summarize legal trends.

B.  For these reasons, the legislature's purpose in adopting this act is to identify the Restatement of the Law, Liability Insurance as a publication consisting of the recommendations and opinions of its authors rather than an orderly statement of existing law applicable in this state.