summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
07/31/2016
Introduced Session
189th General Court
Bill Summary
Relative to certain judicial procedures. The Judiciary.
AI Summary
This bill makes several changes to judicial procedures, primarily concerning how costs, attorney's fees, and insurance payments are handled in various legal actions. Specifically, it allows courts to award costs and attorney's fees even if an insurer pays the amount due after a lawsuit has begun, but only up to the point of payment, and it clarifies that interest will be assessed on amounts owed from the start of the action at the same rate as for breach of contract cases. The bill also addresses how expenses like attorney's fees and costs are divided between health maintenance organizations, hospital/medical/dental service corporations, and injured individuals when recovering damages from a responsible party, ensuring these costs are shared proportionally to the amounts received. Furthermore, it establishes that insurers cannot claim more than their proportionate share of any recovery from a third party responsible for an injury, and if the total recovery is less than the injured person's damages, a court can reduce the insurer's claim after evaluating the full extent of the damages. Finally, the bill invalidates any waivers or limitations of liability in employment applications that attempt to release a third party from responsibility for employee injuries or death, deeming them void as against public policy, and imposes penalties on employers who violate this provision.
Committee Categories
Justice
Sponsors (3)
Last Action
Accompanied a study order, see H4706 (on 10/24/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/H1182 |
| Bill | https://malegislature.gov/Bills/189/H1182.pdf |
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