ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 

HB 2644: liability insurance restatement; prohibition

Sponsor:  Representative Weninger, LD 17

Committee on Commerce

Overview

Asserts a liability insurance restatement is not the law or public policy.

History

Liability insurance is defined as a contract by which one party promises on consideration to compensate or reimburse another if he shall suffer loss from specified cause or to guaranty or indemnify or secure him against loss from that cause. (Black's Law Dictionary, Sixth Edition)

Provisions

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteStipulates a statement of the law in the American Law Institute's Restatement of the Law, Liability Insurance is not the law or public policy of the state if the statement is inconsistent, in conflict with or not addressed by:

a)    Either the Arizona or Federal Constitution;

b)    A statute of Arizona;

c)    Case law adopted by either the Supreme Court and Appellate courts of Arizona; or

d)    Common law adopted by Arizona. (Sec. 1)

2.    Asserts the American Law Institute's Restatement of the Law, Liability Insurance is not a source of Arizona law and is not recognized as an authoritative reference of this state's liability insurance law. (Sec. 1)

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6.    Initials PRB                       Commerce

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