Alec Garnett
- Democratic
The act bars an insurer from using a failure-to-cooperate defense in an action regarding the insurer's request for information from the insured about a claim unless: The insurer has submitted a written request to the insured for the information; The information necessary for litigation is not available to the insurer without the assistance of the insured; The request provides the insured 60 days to respond; The written request is for information a reasonable person would determine the insurer needs to adjust the claim filed by the insured or to prevent fraud; and The insurer gives the insured an opportunity to cure within 60 days and provides notice to the insured within 60 days, describing, with particularity, the alleged failure to cooperate. A failure-to-cooperate defense acts as a defense to the portion of the claim that is materially and substantially prejudiced to the extent the insurer could not evaluate or pay that portion of the claim. Any language in an insurance contract that conflicts with the act is void. If an insurer is giving the insured the time to respond or cure under the act, the insurer is not liable for failing to pay the claim while providing the time. (Note: This summary applies to this bill as enacted.)
Governor Signed
Sent to the Governor
Signed by the President of the Senate
Signed by the Speaker of the House
Senate Third Reading Passed - No Amendments
Senate Third Reading Reconsidered - No Amendments
Senate Third Reading Passed - No Amendments
Senate Second Reading Special Order - Passed - No Amendments
Senate Committee on State, Veterans, & Military Affairs Refer Unamended to Senate Committee of the Whole
Introduced In Senate - Assigned to State, Veterans, & Military Affairs
House Third Reading Passed with Amendments - Floor
House Third Reading Laid Over Daily - No Amendments
House Second Reading Passed with Amendments - Committee
House Second Reading Laid Over to 06/01/2020 - No Amendments
House Second Reading Laid Over to 03/30/2020 - No Amendments
House Second Reading Laid Over Daily - No Amendments
House Committee on Judiciary Refer Amended to House Committee of the Whole
Bill Text Versions | Format |
---|---|
Signed Act (07/02/2020) | |
Final Act (06/29/2020) | |
Rerevised (06/10/2020) | |
Revised (06/09/2020) | |
Reengrossed (06/05/2020) | |
Engrossed (06/01/2020) | |
Introduced (02/07/2020) | |
PA1 (03/11/2020) | |
Committee Amendment |
Document | Format |
---|---|
Fiscal Note FN1 (03/09/2020) | |
Fiscal Note FN2 (08/17/2020) |
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