WEST virginia legislature

2020 regular session

Introduced

House Bill 4436

By Delegates Westfall, Summers, Queen, Waxman, Storch, Nelson and Kessinger

[Introduced January 21, 2020; Referred to the Committee on the Judiciary]

A BILL to amend the Code of West Virginia,1931, as amended, by adding thereto a new section, designated §33-53-1, relating to the American Law Institute Restatement of Law, Liability Insurance interpretation limitation.

Be it enacted by the Legislature of West Virginia:

article 53. interpretation of west virginia insurance law.

§33-53-1. Establishing that The American Law Institute Restatement of the Law, Liability Insurance is not a source of West Virginia law.

A statement of the law in The American Law Institute’s Restatement of the Law, Liability Insurance does not constitute 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:

(1) The Constitution of the United States;

(2) The Constitution of the State of West Virginia;

(3) The Code of West Virginia;

(4) This state’s case law precedent; or

(5) Other common law that may have been adopted by this state.

The American Law Institute’s Restatement of the Law, Liability Insurance is not a source of West Virginia law and shall not be afforded recognition as an authoritative reference regarding West Virginia’s insurance law.

NOTE: The purpose of this bill is to clarify that The American Law Institute’s Restatement of the Law, Liability Insurance is not a source of West Virginia insurance law and shall not be recognized as an authoritative reference regarding West Virginia insurance law.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.