In what I will call an omnibus bill, the Ohio General Assembly has apparently written the American Law Institute's Restatement of the Law of Liability Insurance out of the law of Ohio before it ever got in it.
Ohio's 132nd General Assembly has passed a Substitute for Senate Bill 239 which addresses many subjects (thus an "omnibus" bill), including in this particular case, regional councils of governments and tourism development districts, and naming "portions" of three highways, in addition to the Restatement:
To amend sections 102.01, 167.02, 167.04, 167.07, 715.014, 940.07, and 2744.07 and to enact sections 3901.82, 5534.403, 5534.811, and 5534.911 of the Revised Code to modify the law concerning regional councils of governments to clarify that a municipal corporation eligible to designate a tourism development district may designate more than one district, to specify that the American Law Institute's approved "Restatement of the Law, Liability Insurance" does not constitute the public policy of Ohio, to designate a portion of U.S. Route 33 in Meigs County as the "Steve Story Memorial Highway," to designate a portion of Interstate Route 270 in Franklin County as the "Officers Anthony Morelli and Eric Joering Memorial Highway," and to designate the portion of U.S. Route 24 in Henry County as the "Henry County Veterans Highway."
This is what Ohio calls an "engrossed" version as of June 27, 2018. Westlaw also lists this version among "Pending/Proposed" statutes in Ohio. If and when this bill is signed into law, it will enact a new Ohio statute:
Sec. 3901.82. The "Restatement of the Law, Liability Insurance" that was approved at the 2018 annual meeting of the American law [sic] institute [sic] does not constitute the public policy of this state and is not an appropriate subject of notice.
Section 1, Ohio S.B. No. 239. (There are only 2 sections in Senate Bill 239, the substantive section and the enactment section. Section 1 goes on for 9 pages.)
So, I guess the judges in America's courts are left to decide the law by choosing between the wisdom of the Ohio General Assembly, or the American Law Institute.
Such a choice. I wonder if we have ever seen anything like this since the reaction to the Civil Rights movement of the 1960's.
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