The Florida Record reports that an insurance association has urged the Florida legislature to not recognize the recently issued Restatement of the Law, Liability Insurance (RLLI). The post is here.   

    The American Law Institute (ALI) authored the RLLI, published in 2019. The ALI is a leading independent organization in the United States producing scholarly work to "clarify, modernize and otherwise improve the law." Over the years, it has published Restatements of the Law, Model Codes, and Principles of the Law. Many of its works are influential in the courts and legislatures. Hawaii appellate courts rely on various Restatements where there is no existing law or recognized common law on a particular issue. E.g., Del Monte Fresh Produce, Inc. v. Fireman's Fund Ins. Co., 117 Haw. 357, 364 (Haw. 2007). 

    The RLLI has been labeled as a controversial project that in many instances takes the approach of proposing innovation and reform in liability insurance law, rather than restating existing common law insurance rules. Nevertheless, it is now being cited by some courts and many litigants in cases across the country. 

    Some legislatures have enacted statutes and resolutions rejecting the RLLI as inconsistent with the law and policy of their jurisdictions. The American Property Casualty Insurance Association (APCIA) has urged such legislation in Florida, contending that the RLLI conflicts with Florida law. APCIA contends that the RLLI represents a significant shift from the ALI's traditional role of dependably restating existing law. Instead, the new Restatement attempts to make a case for what insurance law should be, despite the recognized authority of courts, regulations and lawmakers to be the ultimate decision makers of these issues.

    Other state legislatures, such as in Ohio, have passed resolutions rejecting the RLLI as representing the state law.