The Insurance and Reinsurance Report

Insurance Legislative Update for United States

California

Senate Bill 119

(Introduced Feb. 2, 2009, Last Action July 27, 2009-To Governor)

This bill extends the expiration date of existing law that prohibits the bringing of an action against an insurer in providing professional liability insurance policies to health care providers for statements made in bad faith unless the statement was made under a specified circumstance.

Massachusetts

House Bill 876

(Introduced Jan. 19, 2009, Last Action July 22, 2009-In Joint Committee)

This bill discourages uninsured motorists by limiting their bodily injury liability compensation.

Massachusetts

House Bill 947

(Introduced Jan. 19, 2009, Last Action July 22, 2009-To Joint Committee on Financial Services)

This bill relates to liquor legal liability insurance.

New Hampshire

House Bill 680

(Introduced Jan. 8, 2009, Last Action July 16, 2009)

This bill makes certain technical changes in the insurance law and provides that insurers must use the legal name filed with the National Association of Insurance Commissioners on policies, contracts, advertisements and prudent promotional materials.  This bill also relates to fire insurance, casualty insurance, vehicle insurance, unfair insurance practices, reporting requirements, liability insurance and commercial insurance.

New York

Assembly Bill 7122

(Introduced Mar. 20, 2009, Last Action July 16, 2009-Pass Senate)

This bill extends the time for filing a Notice of Claim for injuries suffered as a result of participation in the World Trade Center rescue, recovery or clean up operations.

New York

Senate Bill 4080

(Introduced Apr. 9, 2009, Last Action July 16, 2009-To Senate Committee on Rules)

This bill provides for the equal treatment of public and private defendants when considering the impact of collateral source payments and tort claims for personal injury, property damage or wrongful death. It protects parties to the settlement of tort claims from certain unwarranted liens, reimbursements and subrogation claims.

North Carolina

Senate Bill 660

(Introduced Mar. 18, 2009, Last Action July 30, 2009-Eligible for Governor’s Desk)

This bill provides an alternative method of determining property damages as a part of motor vehicle liability insurance.

Wisconsin

Assembly Bill 352

(Introduced July 28, 2009, Last Action July 28, 2009)

This bill relates to vehicle owner liability for a vehicle failure to stop as required for a school bus.

 

By Kimberlee L. Danieu

http://www.goldbergsegalla.com/attorneys/Danieu.html

Bi-Weekly Insurance Legislative Update (50 States)

California

Senate Bill 156

(Introduced Feb. 12, 2009, Last Action July 13, 2009)

This bill amends existing law that provides for prevention, detection and investigation of insurance fraud to include Workers’ Compensation and requires insurers to disclose Workers’ Compensation insurance fraud incidents.  It also protects a person sharing information pursuant to the authorization from civil liability.

Louisiana

House Bill 201

(Introduced Apr. 7, 2009, Last Action July 9, 2009)

This bill relates to automobile property casualty and liability insurance policy and provides for non-renewal of any policy in effect for less than 60 days at the time of notice of cancellation.

New Jersey

Assembly Bill 3569

(Introduced Dec. 15, 2008, Last Action July 10, 2009)

This bill relates to Workers’ Compensation and employers misrepresentation of one or more employees as independent contractors.

New York

Assembly Bill 9036

(Introduced June 20, 2009, Last Action July 11, 2009)

This bill relates to extending the dates for increasing and imposing malpractice and professional medical conduct insurance rates by the superintendent of insurance.

North Carolina

House Bill 334

(Introduced Feb. 26, 2009, Last Action July 17, 2009)

This bill amends the skier safety statutes to clarify the respective duties of ski area operators and skiers and to make other related changes.

North Carolina

Senate Bill 660

(Introduced Mar. 18, 2009, Last Action July 16, 2009)

This bill provides an alternative method of determining property damages as a part of motor vehicle liability insurance.

Oregon

House Bill 2369

(Introduced Jan. 12, 2009, Last Action July 17, 2009)

This bill provides that a release for bodily injuries obtained by motor vehicle liability insurer with a specified number of days following an accident may not ensure the ability of the insured to recover personal injury benefits by subrogation.

Texas

House Bill 783

(Introduced Jan. 26, 2009, Last Action July 9, 2009)

This bill relates to liability of a public utility bill that allows recreational use of the land that the public utility owns, occupies or leases.  It provides for a purchase of general liability insurance policy to insure the public utility for liability arising from the public use.

 

By Kimberlee L. Danieu

http://www.goldbergsegalla.com/attorneys/Danieu.html

Insurance Legislative Update for All 50 States

California

Senate Bill 156

(Introduced Feb. 12, 2009, Last Action July 13, 2009)

This bill amends existing law that provides for prevention, detection and investigation in insurance fraud to include Workers’ Compensation and requires insurers to disclose Workers’ Compensation insurance fraud incidents.  It also protects a person sharing information pursuant to the authorization from civil liability.

 

Louisiana

House Bill 201

(Introduced Apr. 7, 2009, Last Action July 9, 2009)

This bill relates to automobile property casualty and liability insurance policy and provides for non-renewal of any policy in effect for less than 60 days at the time of notice of cancellation.

New Jersey

Assembly Bill 3569

(Introduced Dec. 15, 2008, Last Action July 10, 2009)

This bill relates to Workers’ Compensation and employers misrepresentation of one or more employees as independent contractors.

New York

Assembly Bill 9036

(Introduced June 20, 2009, Last Action July 11, 2009)

This bill relates to extending the dates for increasing and imposing malpractice and professional medical conduct insurance rates by the superintendent of insurance.

North Carolina

House Bill 334

(Introduced Feb. 26, 2009, Last Action July 17, 2009)

This bill amends the skier safety statutes to clarify the respective duties of ski area operators and skiers and to make other related changes.

North Carolina

Senate Bill 660

(Introduced Mar. 18, 2009, Last Action July 16, 2009)

This bill provides an alternative method of determining property damages as a part of motor vehicle liability insurance.

Oregon

House Bill 2369

(Introduced Jan. 12, 2009, Last Action July 17, 2009)

This bill provides that a release for bodily injuries obtained by motor vehicle liability insurer with a specified number of days following an accident may not ensure the ability of the insured to recover personal injury benefits by subrogation.

Texas

House Bill 783

(Introduced Jan. 26, 2009, Last Action July 9, 2009)

This bill relates to liability of a public utility bill that allows recreational use of the land that the public utility owns, occupies or leases.  It provides for a purchase of general liability insurance policy to insure the public utility for liability arising from the public use.

By Kimberlee Danieu

http://www.goldbergsegalla.com/attorneys/Danieu.html

Insurance Legislative Update for All 50 States

Legislation

Alabama

Senate Bill 5

(Introduced May 26, 2009; Last Action May 26, 2009)

This bill prohibits the application of a hurricane deductible for property damage in insurance policies unless the damage arose from a named hurricane or tropical storm.  It requires personal lines insurance policies offering a percentage deductible for the peril of winds and hail to offer a voluntary buy‑back provision and provides penalties for violations.

California

Senate Bill 119

(Introduced February 2, 2009; Last Action May 28, 2009)

This bill extends the expiration date of an existing law that prohibits the bringing of an action against an insurer issuing professional liability insurance policies to healthcare providers for statements made in bad faith unless a statement was made under a specific circumstance.

Colorado

House Bill 1338

(Introduced April 7, 2009; Last Action June 1, 2009)

This bill modifies state insurance laws to comply with recent federal law enactments; provides for liability and limitations on disclosure of genetic information, and prevents genetic information from being used to deny access to healthcare insurance; relates to underwriting and pre‑existing conditions.

Maine

House Bill 692

(Introduced March 11, 2009; Last Action June 2, 2009)

This bill amends the laws relating to group self-insurance re‑insurance accounts to clarify that individual self-insurers authorized under state law, or an individual self-insurer authorized under the laws of other states, may participate in the account; provides for joint and several liability; provides for notice of withdrawal from the account; and provides for powers of the superintendent of insurance to act as a receiver.

Missouri

Senate Bill 202

(Introduced January 14, 2009; Last Action May 29, 2009)

This bill provides that operating a motorcycle, in and of itself, shall not be considered evidence of comparative negligence and prohibits claims adjusters from assigning fault to a party simply because the party was operating a motorcycle in an otherwise legal manner.

Nebraska

Legislative Bill 208

(Introduced January 13, 2009; Last Action May 26, 2009)

This bill amends provisions concerning fraudulent insurance acts and provides that it is a fraudulent insurance act to knowingly provide false information to an insurer concerning the number, location, or classification of employees for the purpose of lessening or reducing the premium otherwise chargeable for Workers’ Compensation insurance coverage.

New York

Assembly Bill 7122

(Introduced March 20, 2009; Last Action May 27, 2009)

This bill extends the time for filing a notice of claim for injuries suffered as a result of participation in the World Trade Center rescue, recovery, or cleanup operations.

New York

Assembly Bill 8562

(Introduced May 28, 2009; Last Action May 28, 2009)

This bill requires homeowners insurance polices to insure against direct and indirect damages relating to a discharge of petroleum; and provides that insurers shall provide notice in all homeowners’ policies relating to responsibility and coverage of petroleum spills.

New York

Assembly Bill 8620

(Introduced May 29, 2009; Last Action May 29, 2009)

This bill relates to the payment of medical malpractice insurance premiums and treats the Healthcare Access Protection Fund.

Oklahoma

House Bill 1021

(Introduced December 9, 2008; Last Action May 26, 2009)

This bill relates to the compulsory insurance law and limits recovery for damages or claims against insurer for liability for motor vehicle accidents in certain circumstances.

Oklahoma

House Bill 1603

(Introduced January 15, 2009; Last Action May 29, 2009)

This bill relates to civil procedure, professional negligence, class actions, joint and several liability, damage awards, government liability, health and life insurance cancellation, and school and school employee liability.

Oregon

House Bill 2369

(Introduced January 12, 2009; Last Action June 3, 2009)

This bill prohibits motor vehicle liability insurer from settling with injured individuals until 60 days after the motor vehicle accident; provides that settlement agreement may not restrict ability of insurer to recover personal injury protection benefits by subrogation; and requires the liability insurer to provide to the injured individual plan and concise statement of consequences of entering into a settlement agreement.

Pennsylvania

Senate Bill 746

(Introduced April 3, 2009; Last Action June 2, 2009)

This bill provides for licensed physician immunity for disclosure to law enforcement authorities relating to patient health information when the physician has a good faith belief that the patient has used prescribed controlled substances for illicit purposes.  It also provides for actions on insurance policies for acting in bad faith.

Rhode Island

House Bill 5970

(Introduced March 11, 2009; Last Action June 3, 2009)

This bill would allow, in certain circumstances, the party alleging injury to have an additional three-month time period within which to bring an action directly against the tortfeasor’s insurer.

 

 

By Kimberlee L. Danieu

 

http://www.goldbergsegalla.com/attorneys/Danieu.html

Legislative Update for All U.S. States

Connecticut

Senate Bill 212

(Introduced Jan. 21, 2009; Last Action May 19, 2009)

This bill prohibits insurers from charging a cancellation fee when an insured cancels its automobile liability insurance policy if the insured has been a customer of the insurer for at least one year.

Florida

House Bill 845

(Introduced Feb. 11, 2009; Last Action May 19, 2009)

This bill relates to self insurance funds and requires an application for Workers Compensation coverage issued by a group self insurance fund to notify applicants that policyholders must make additional contributions to the fund if the fund is unable to pay its obligations.

Florida

House Bill 903

(Introduced Feb. 16, 2009; Last Action May 15, 2009)

This bill relates to Workers Compensation attorneys fees and clarifies the requirement for payment of fees and costs under a retainer agreement.

Florida

House Bill 1495

(Introduced Mar. 3, 2009; Last Action May 15, 2009)

This bill extends application provisions relating to temporary increase in coverage limit operations for Florida Hurricane Catastrophe Fund and provides additional reimbursement requirements for temporary increase in coverage addendum for additional contract years.

Illinois

House Bill 418

(Introduced Feb. 3, 2009; Last Action May 15, 2009)

This bill amends the use of credit information and personal insurance act and provides that if an insured denies, cancels or does not renew a policy of personal insurance based on credit information the insurer must provide an effected party with an explanation and give the party an opportunity to explain the credit information.

Illinois

House Bill 3705

(Introduced Feb. 24, 2009; Last Action May 18, 2009)

This bill amends the Illinois Vehicle Code and provides that a person not operating a neighborhood vehicle on a street, road or highway without obtaining a certificate of title, registering a vehicle and obtaining a liability insurance policy covering the vehicle in accordance with mandatory insurance provisions of the Illinois Vehicle Code.

Maine

House Bill 614

(Introduced Mar. 4, 2009; Last Action May 21, 2009)

This bill prohibits an insurer from refusing to issue or renew or from cancelling a homeowner’s policy if the insured can demonstrate satisfactory evidence of liability coverage.

Maine

House Bill 673

(Introduced Mar. 9, 2009; Last Action May 21, 2009)

This bill concerns liquor liability and licensing and requires that a licensee holds a license for sale of liquor to be consumed on the premises where sold to maintain liability insurance of no less than $400,000.

Maine

House Bill 692

(Introduced Mar. 11, 2009; Last Action May 20, 2009)

This bill amends the law relating to group, self-insurance, reinsurance accounts to clarify that individual self-insureds authorized under

Maine

law and group self-insurers authorized under the laws of other states may purchase pay in the account.

Maine

Senate Bill 362

(Introduced Mar. 10, 2009; Last Action May 21, 2009)

This bill requires an insured to disclose the liability coverage limits of its insured to a claimant or claimant’s attorney and provides an insurer who fails to comply with this section is subject to a penalty plus reasonable attorneys fees and expenses incurred in obtaining the liability coverage limits.

Missouri

House Bill 508

(Introduced Jan. 29, 2009; Last Action May 15, 2009)

This bill requires medical malpractice insurers to establish premiums based on the average medical malpractice judgments in the county in which the provider practices.

Missouri

House Bill 721

(Introduced Feb. 15, 2009; Last Action May 15, 2009)

This bill establishes the Health Care Whistler Blower Protection Act to protect health care professionals from retaliatory actions by employers for reporting violations regarding improper patient care.

Missouri

House Bill 1151

(Introduced Apr. 1, 2009; Last Action May 15, 2009)

This bill requires all automobile liability insurance policies to include an insured and underinsured motorist coverage equal to the coverage under the insured’s primary policy for bodily injury and death.

Missouri

House Bill 1170

(Introduced Apr. 1, 2009; Last Action May 15, 2009)

This bill prohibits an insurer from refusing automobile liability insurance coverage to an applicant based solely on the fact that the applicant is a voluntary driver.

New York

Assembly Bill 7504

(Introduced Apr. 13, 2009; Last Action May 19, 2009)

This bill provides for the equal treatment for public and private defendants when considering the impact of collateral source of payments and tort claims for personal injury, property damage or wrongful death. It protects parties to the settlement of tort claims from certain unwarranted liens, reimbursements and subrogation claims.

Oklahoma

House Bill 1021

(Introduced Dec. 9, 2008; Last Action May 20, 2009)

This bill relates to the compulsory insurance law and limits recovery for damages or claims against an insurer for liability for motor vehicle accidents in certain circumstances.

Oregon

Senate Bill 539

(Introduced Feb. 16, 2009; Last Action May 20, 2009)

This bill exempts from the insurance code self insurance program for tort liability and property damage that is established by two or more affordable housing entities.

Tennessee

House Bill 438

(Introduced Feb. 17, 2009; Last Action May 18, 2009)

This bill creates the State Automobile Insurance Plan.

By Kimberlee L. Danieu

http://www.goldbergsegalla.com/attorneys/Danieu.html

Recent Insurance Related Legislation

California Senate Bill 119

(Introduced Feb. 2, 2009, Last Action May 5, 2009)

This bill deletes the expiration date for existing law that prohibits the bringing of an action for statements made in bad faith against an insurer issuing professional liability insurance policies to health care providers unless the statement was made under a specified circumstance.

Connecticut Senate Bill 212

(Introduced Jan. 21, 2009, Last Action May 5, 2009)

This bill prohibits the cancellation fee for certain automobile liability insurance policyholders.

Connecticut Senate Bill 961

(Introduced Feb. 19, 2009, Last Action May 6, 2009)

This bill concerns medical malpractice data reporting and adds clarifying definitions.

 

(Introduced Feb. 16, 2009, Last Action May 1, 2009)

This bill relates to Workers Compensations attorneys fees and clarifies the requirements for payment of fees and costs under the retainer agreement.

Illinois House Bill 370

(Introduced Jan. 28, 2009, Last Action May 7, 2009)

This bill amends the Illinois Vehicle Code and provides that a person commits the offense of operation of an uninsured motor vehicle causing bodily harm when the person operates a motor vehicle in violation of the mandatory insurance provisions of the Illinois Vehicle Code requiring certain motor vehicles operated on public highways to be covered by a liability insurance policy.

Illinois House Bill 418

(Introduced Feb. 3, 2009, Last Action May 7, 2009)

This bill amends the use of credit information and Personal Insurance Act and provides that if an insurer denies, cancels or does not renew a policy of personal insurance based on credit information the insurer must provide an effected party with an explanation and give the party an opportunity to explain the credit information.

Maryland House Bill 165

(Introduced Jan. 26, 2009, Last Action May 7, 2009)

This bill prohibits an insurer from mid-term cancelling a policy of personal, commercial or motor vehicle liability insurance unless the insured determines that there exists misrepresentation or fraud in connection with the application, policy, presentation of a claim, change in risk or non-payment of premium.

Nebraska Legislative Bill 208

(Introduced Jan. 13, 2009, Last Action May 6, 2009)

This bill amends provisions concerning fraudulent insurance acts and provides that it is a Fraudulent Insurance Act to knowingly provide false information to an insurer concerning the number, location or classification of employees for the purpose of lessening or reducing the premium otherwise chargeable for Workers Compensation insurance coverage.

North Carolina House Bill 334

(Introduced Feb. 26, 2009, Last Action May 6, 2009)

This bill amends the skier safety statutes to clarify the respective duties of ski area operators and skiers and to make to other related changes.

New Jersey Senate Bill 2766

(Introduced Apr. 27, 2009, Last Action May 4, 2009)

This bill prohibits the use of insurance scoring by property-casualty insurers in the rate making for personal lines insurance coverage.

Oklahoma Senate Bill 503

(Introduced Jan. 9, 2009, Last Action May 6, 2009)

This bill creates the household goods act and regulates in trusty transportation by motor carriers of such goods.

Oklahoma Senate Bill 700

(Introduced Jan. 15, 2009, Last Action May 6, 2009)

This bill relates to motor vehicles and relates to compulsory liability insurance.

Oklahoma Senate Bill 1022

(Introduced Jan. 16, 2009, Last Action May 5, 2009)

This bill relates to insurance and expands the scope of examinations and requires insurers to file certain statements with the insurance commissioner.

Oregon House Bill 3345

(Introduced Mar. 11, 2009, Last Action May 6, 2009)

This bill modifies the circumstances under which attorneys fees may be awarded in Workers Compensation claims and requires the adjustment of the amount of certain attorneys fees based on an increase in average weekly wage.

Pennsylvania House Bill 400

(Introduced Mar. 19, 2009, Last Action May 5, 2009)

This bill creates the Construction Work Place Broad Act. It relates to misclassification of construction employees and specifies the criteria for independent contractors in the construction industry.

Pennsylvania Senate Bill 837

(Introduced May 1, 2009, Last Action May 1, 2009)

This bill amends the vehicle code and further provides for exclusion from benefits. It provides for liability to innocent third parties. It prohibits an insurer from excluding benefits to or denies coverage for damage to property of an innocent third party who sustains a loss caused by the conduct of the insured while the insured commits a felony.

South Carolina Senate Bill 168

(Introduced Dec. 10, 2008, Last Action May 5, 2009)

This bill relates to medical malpractice insurance and provides that a licensed health care provider who renders medical services voluntarily and without compensation and seeks no reimbursement from charitable and government sources and provides notice to the patient or patient provider is not liable for any civil damages for any act or omission.

Tennessee House Bill 669

(Introduced Feb. 10, 2009, Last Action May 5, 2009)

This bill relates to motor vehicles and requires liability insurance to be a maintained in all motor vehicles operated in Tennessee.

Texas Senate Bill 1257

(Introduced Mar. 3, 2009, Last Action May 4, 2009)

This bill relates to the regulation of certain market conduct activities of certain life, accident and health insurers and health benefit plan issuers. It provides civil liability and administrative and criminal penalties.

Texas Senate Bill 1815

(Introduced Mar. 11, 2009, Last Action May 2, 2009)

This bill relates to immunity from liability for doctors performing certain services at the request of the Division of Workers Compensation of the Department of Insurance.

West Virginia Senate Bill 631

(Introduced Mar. 18, 2009, Last Action May 6, 2009)

This bill provides that an insurer may, after furnishing specified notice, cancel an automobile liability insurance policy if the insured fails to make payment of the premium when due.

Wisconsin Senate Bill 182

(Introduced May 4, 2009, Last Action May 4, 2009)

This bill relates to Statute of Limitations for intention of torts.

By Kimberlee L. Danieu

http://www.goldbergsegalla.com/attorneys/Danieu.html

Insurers Face New Exposures in Resolving Bodily Injury Claims Under New Medicare Guidelines

Here is an excellent article by Jeff Signor in this month's For the Defense Magazine on these issues.

Download DRI Medicaid Article 

For More information on Jeff Signor

http://www.goldbergsegalla.com/attorneys/Signor.html

Recent Proposed Legislation

California

Assembly Bill 145

(Introduced Jan. 22, 2009, Last Action Apr. 13, 2009)

This bill amends existing law that prohibits a motor carrier of property from contracting or subcontracting with or otherwise engaging the services of another carrier until the contracting carrier provides a certification of compliance with safety inspection certificate, permit and financial responsibility requirement.

Florida

Senate Bill 2252

(Introduced Feb. 26, 2009, Last Action Apr. 20, 2009)

This bill relates to professional liability insurance and requires that certain written claims or actions for damages be reported to the OIR; specifies events given rise to the duty to report claims; requires that certain reports be filed following any calendar year which no claim or action for damages was closed and requires that certain reopened claims be treated as new claims and reported following specified events.

Florida

Senate Bill 2412

(Introduced Feb. 27, 2009, Last Action Apr. 21, 2009)

This bill relates to debt settlement services and requires that a person be licensed if he intends to provide or offers to provide debt settlement services.

Georgia

House Bill 843

(Introduced Mar. 31, 2009, Last Action Apr. 1, 2009)

This bill relates to insurance and extensively revises the requirements for continuing care providers and facilities. 

Illinois

House Bill 2377

(Introduced Feb. 19, 2009, Last Action Apr. 3, 2009)

This bill creates the local government construction contract bidders act and requires bidders on construction contracts with units of the local government and school districts to comply with applicable laws.

  

Iowa

Senate Bill 379

(Introduced Mar. 9, 2009, Last Action Apr. 8, 2009)

This bill relates to the use of insurance loss history and the issuance of dram shop liability insurance.

Maryland

House Bill 162

(Introduced Jan. 26, 2009, Last Action Apr. 8, 2009)

This bill requires an insured to send a specified notice to the named insured and insurance producer, if any, if an increase in the renewal policy premiums for commercial insurance and workers compensation insurance policies

Minnesota

House Bill 417

(Introduced Feb. 2, 2009, Last Action Apr. 20, 2009)

This bill relates to insurance and provides recovery of the images and attorneys fees for breach of an insurance policy.

 

By       Daniel W. Gerber and  Kimberlee L. Danieu

http://www.goldbergsegalla.com/attorneys/Gerber.html

http://www.goldbergsegalla.com/attorneys/Danieu.html