HB 1463 (2009) -  Civil Actions Against Insurers

by Murzin (CO-SPONSORS) Williams, T.
Authorizes insured to bring civil action against insurer when insured is damaged by commission of specified acts by insurer; revises notice requirements related to such civil actions; requires insured & any person demanding settlement to cooperate with insurer with regard to facilitating settlement; requiries notice of such actions to contain specified information; deletes exemption for third-party claimant; provides that no action shall lie if damages are paid or circumstances giving rise to insurer's violation are corrected within specified period; extends period for which applicable statute of limitations may be tolled; provides for preemption of other civil remedies; requires insured to prove that insurer's refusal to settle was unreasonable in specified actions; provides that insurer of insured or insureds is not liable for extracontractual damages for failing to pay the insurer's policy limits; provides that insurer that tenders policy limits is entitled to release from its insured if claimant accepts tender; provides circumstances under which civil cause of action does not exist; provides that insured is not prohibited from assigning cause of action to injured third-party claimant for insurer's failure to act fairly & honestly toward its insured & with due regard for insured's interest.
Effective Date: July 1, 2009
Last Event: Died in Insurance, Business & Financial Affairs Policy Committee on Saturday, May 2, 2009 12:00 AM

Related Bills

Staff Analysis

(None Available)

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Insurance, Business & Financial Affairs Policy Committee Time: 05/02/2009 - 12:00 AM Member: Committee: Insurance, Business & Financial Affairs Policy Committee Version: __
Event: H Indefinitely postponed and withdrawn from consideration Time: 05/02/2009 - 12:00 AM Member: Committee: Version: __
Event: H Now in Insurance, Business & Financial Affairs Policy Committee Time: 03/12/2009 - 6:17 PM Member: Committee: Insurance, Business & Financial Affairs Policy Committee Version: __
Event: H Referred to Criminal & Civil Justice Policy Council Time: 03/12/2009 - 6:17 PM Member: Committee: Criminal & Civil Justice Policy Council Version: __
Event: H Referred to Civil Justice & Courts Policy Committee Time: 03/12/2009 - 6:17 PM Member: Committee: Civil Justice & Courts Policy Committee Version: __
Event: H Referred to General Government Policy Council Time: 03/12/2009 - 6:17 PM Member: Committee: General Government Policy Council Version: __
Event: H Referred to Insurance, Business & Financial Affairs Policy Committee Time: 03/12/2009 - 6:17 PM Member: Committee: Insurance, Business & Financial Affairs Policy Committee Version: __
Event: H 1st Reading Time: 03/03/2009 - 10:03 PM Member: Committee: Version: __
Event: H Filed Time: 03/02/2009 - 4:49 PM Member: Murzin Committee: Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
624.155 HB 1051