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Bill > SF13


IA SF13

A bill for an act relating to the duties of insurers under medical malpractice insurance policies.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill provides that an insurance company insuring a health care provider against professional negligence shall negotiate in good faith all claims presented to the provider. If a claimant offers to settle within the policy limits and the insurer refuses or declines the offer and the claim proceeds to judgment in excess of the policy limit, the insurance company is liable for the full amount regardless of policy limitation. The insurance company has a duty to negotiate a settlement within policy limits if an offer has been made by the claimant at or within the policy limits. If the insurance company fails to do so, the health care provider has a cause of action against the insurance company.

AI Summary

This bill addresses the responsibilities of insurance companies in medical malpractice cases by establishing new legal requirements for how insurers must handle settlement offers. Specifically, the bill mandates that insurance companies providing professional negligence coverage for health care providers must negotiate claims in good faith. If a claimant offers to settle a claim within the existing policy coverage limits and the insurance company refuses this offer, and the claim subsequently results in a judgment exceeding those limits, the insurance company will be liable for the entire judgment amount, regardless of the original policy limits. The bill further stipulates that if the insurance company fails to negotiate a settlement within the policy limits when such an offer is made, the health care provider can take legal action against the insurer. In such a case, the provider would be entitled to recover all incurred costs and reasonable attorney fees. This legislation aims to incentivize insurance companies to act reasonably and responsibly when handling potential settlement offers in medical malpractice cases, ultimately protecting health care providers from potentially financially devastating legal outcomes.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Subcommittee: Webster, Dickey, and Petersen. S.J. 90. (on 01/15/2025)

bill text


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