HB 1187 (2011) -  Civil Remedies Against Insurers

General Bill by Baxley (CO-SPONSORS) Van Zant
Civil Remedies Against Insurers: Revises provisions relating to civil actions against insurers; provides definition; revises grounds for bringing action based on insurer's failure to accept an offer to settle; provides who may bring action; provides requirements for bringing an action; provides for release of insured if insurer offers to settle third-party claim within specified time; provides insurer has affirmative defense if third-party claimant or insured fails to cooperate with insurer; provides insurer is not liable for two or more claims that exceed policy limits if files interpleader action or makes policy limits available under arbitration; specifies responsibility for payment of liens; provides insurer is not liable for amounts in excess of policy limits if makes timely payment of appraisal amount; provides refusals to act by insurer are not presumptive evidence of bad faith; revises requirements relating to preaction notice of civil action sent to Department of Financial Regulation & insurer; specifies work-product protection requirements; prohibits award of fees & costs from including any form of multiplier or enhancement; provides that provisions of act replace common law; revises & limiting damages that are recoverable from an uninsured motorist carrier in civil action; provides for severability.
Effective Date: July 1, 2011
Last Event: Died in Civil Justice Subcommittee; companion bill(s) passed, see HB 4081 (Ch. 2011-11) on Saturday, May 7, 2011 2:07 AM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/SB 1592 Subject: Civil Remedies Against Insurers Relationship: Similar
Bill #: HB 4081 Subject: Repeal of Obsolete Insurance Provisions Relationship: Compare
Bill #: CS/HB 4099 Subject: Repeal of Property and Casualty Insurance Provisions Relationship: Compare
Bill #: SB 636 Subject: Repeal of Obsolete Insurance Provisions Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Civil Justice Subcommittee 4/1/2011 5:01:22 PM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Civil Justice Subcommittee; companion bill(s) passed, see HB 4081 (Ch. 2011-11) Time: 05/07/2011 - 2:07 AM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Indefinitely postponed and withdrawn from consideration Time: 05/07/2011 - 12:01 AM Member: Committee: Version: __
Event: H Added to Civil Justice Subcommittee agenda Time: 03/31/2011 - 4:16 PM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Now in Civil Justice Subcommittee Time: 03/14/2011 - 11:28 AM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Referred to Judiciary Committee Time: 03/14/2011 - 11:28 AM Member: Committee: Judiciary Committee Version: __
Event: H Referred to Economic Affairs Committee Time: 03/14/2011 - 11:28 AM Member: Committee: Economic Affairs Committee Version: __
Event: H Referred to Civil Justice Subcommittee Time: 03/14/2011 - 11:28 AM Member: Committee: Civil Justice Subcommittee Version: __
Event: H 1st Reading Time: 03/08/2011 - 10:24 PM Member: Committee: Version: __
Event: H Filed Time: 03/03/2011 - 4:26 PM Member: Baxley Committee: Version: __

Statutes Referenced by this Bill

Statute Other Bill Citations
624.155 CS/SB 1592
627.311 HB 191, SB 636, CS/SB 1592, HB 4081*, HB 4095, CS/HB 4099
627.727 SB 624, CS/SB 1592*

(*) Not the latest version