Bill Summary

by Passidomo

Civil Remedies Against Insurers: Requires that before bringing common-law bad faith action against insurer, party bringing action must first provide to DOI & insurer prior written notification of specified number of days; requires notice relating to bringing of common-law claim of bad faith must specify common-law duty violated by insurer; requires notice to specify amount of moneys that insurer has failed to tender or pay if specific statutory or common-law based violation includes such failure; provides that circumstances giving rise to statutory or common-law based violations are corrected by specifically described monetary tenders by insurer; provides that either third-party claimant or insured is entitled to general release; provides applicable statute of limitations is tolled for specified period of time when notices alleging common-law based violation are mailed; revises provisions to conform to changes made by act relating to statutory or common-law based actions being brought against insurers. Effective Date: July 1, 2012

» H Civil Justice Subcommittee
   H Insurance & Banking Subcommittee
   H Judiciary Committee