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CS/SB 1592: Civil Remedies Against Insurers

GENERAL BILL by Judiciary ; Thrasher

Civil Remedies Against Insurers; Revises provisions relating to civil actions against insurers. Revises the grounds for bringing an action based on the insurer's failure to accept an offer to settle within policy limits. Provides that the insurer has an affirmative defense if a third-party claimant or the insured fails to cooperate with the insurer. Provides that certain refusals to act by the insurer are not presumptive evidence of bad faith. Provides for the relationship of the act to the common law and prior judicial decisions, etc.

Effective Date: 7/1/2011
 Last Action: 5/7/2011 Senate - Died in Budget, companion bill(s) passed, see HB 4081 (Ch. 2011-11)
Bill Text: Web Page | PDF
Senate Committee References:
  1. Judiciary (JU)
  2. Budget (BC)
  3. Rules (RC)

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  • Bill History

    Date Chamber Action
    3/3/2011 Senate • Filed
    3/7/2011 Senate • Referred to Banking and Insurance; Budget -SJ 106
    • Original reference(s)- removed: Banking and Insurance
    • References corrected to Judiciary; Budget
    • Now in Judiciary
    3/8/2011 Senate • Introduced -SJ 106
    3/17/2011 Senate • On Committee agenda-- Judiciary, 03/22/11, 8:00 am, 110 Senate Office Building
    3/22/2011 Senate • CS by Judiciary; YEAS 4 NAYS 3 -SJ 286
    3/24/2011 Senate • Pending reference review under Rule 4.7(2) - (Committee Substitute)
    • CS by Judiciary read 1st time -SJ 290
    3/28/2011 Senate • Now in Budget
    4/7/2011 Senate • Also referred to Rules -SJ 461
    5/7/2011 Senate • Indefinitely postponed and withdrawn from consideration
    • Died in Budget, companion bill(s) passed, see HB 4081 (Ch. 2011-11)

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  • CS/SB 1592, Committee Substitute 1 (Current Bill Version) Posted 3/24/2011 at 10:08 AM

    Bill Text:   Web Page | PDF
    Analyses:   Judiciary (Post-Meeting) 3/28/2011 (pdf)

    Related Bills (4)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 1187 Civil Remedies Against Insurers Baxley Similar Last Action: 5/7/2011 H Died in Civil Justice Subcommittee, companion bill(s) passed, see HB 4081 (Ch. 2011-11)
    Location: In committee/council (CVJS)     		Track This Bill
    H 4081 (er) Repeal of Obsolete Insurance Provisions Horner Compare Last Action: 4/27/2011 Chapter No. 2011-11, companion bill(s) passed, see CS/CS/CS/SB 408 (Ch. 2011-39)
    Location: Became Law     		Track This Bill
    H 4099 (c1) Repeal of Property & Casualty Insurance Provisions Nelson Compare Last Action: 5/7/2011 S Died in Banking and Insurance, companion bill(s) passed, see HB 4081 (Ch. 2011-11), CS/CS/CS/SB 408 (Ch. 2011-39)
    Location: In committee/council (BI)     		Track This Bill
    S 636 Repeal of Obsolete Insurance Provisions Simmons Compare Last Action: 4/6/2011 S Laid on Table, companion bill(s) passed, see HB 4081 (Ch. 2011-11), CS/CS/CS/SB 408 (Ch. 2011-39) -SJ 361
    Location: Laid on Table     		Track This Bill

    Citations - Statutes (2)

    Citation Catchline Location in Bill Location In Bill Help
    624.155 Civil remedy. Page 2 (pdf)
    627.311 Joint underwriters and joint reinsurers; public records and public meetings exemptions. Page 10 (pdf)

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  • SB 1592, Original Filed Version Posted 3/3/2011 at 10:08 AM

    Bill Text:   Web Page | PDF
    Analyses:   Judiciary (Pre-Meeting) 3/21/2011 (pdf)

    Related Bills (4)

    Bill Number Subject Filed By Relationship Last Action and Location Track Bills
    H 1187 Civil Remedies Against Insurers Baxley Identical Last Action: 5/7/2011 H Died in Civil Justice Subcommittee, companion bill(s) passed, see HB 4081 (Ch. 2011-11)
    Location: In committee/council (CVJS)     		Track This Bill
    H 4081 Repeal of Obsolete Insurance Provisions Horner Compare Last Action: 4/27/2011 Chapter No. 2011-11, companion bill(s) passed, see CS/CS/CS/SB 408 (Ch. 2011-39)
    Location: Became Law     		Track This Bill
    H 4099 (c1) Repeal of Property & Casualty Insurance Provisions Nelson Compare Last Action: 5/7/2011 S Died in Banking and Insurance, companion bill(s) passed, see HB 4081 (Ch. 2011-11), CS/CS/CS/SB 408 (Ch. 2011-39)
    Location: In committee/council (BI)     		Track This Bill
    S 636 Repeal of Obsolete Insurance Provisions Simmons Compare Last Action: 4/6/2011 S Laid on Table, companion bill(s) passed, see HB 4081 (Ch. 2011-11), CS/CS/CS/SB 408 (Ch. 2011-39) -SJ 361
    Location: Laid on Table     		Track This Bill

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    128480 - Amendment (Delete All)
    Delete everything after the enacting clause and insert:     		Judiciary
    (Thrasher)     		3/21/2011
    9:16 AM     		Replaced by Committee Substitute
    3/22/2011     		Web Page
    PDF

    Committee Votes (1)

    Date Committee Result
    3/22/2011 8:00 AM Judiciary 4 Yeas - 3 Nays

    Citations - Statutes (3)

    Citation Catchline Location in Bill Location In Bill Help
    624.155 Civil remedy. Page 2 (pdf)
    627.311 Joint underwriters and joint reinsurers; public records and public meetings exemptions. Page 10 (pdf)
    627.727 Motor vehicle insurance; uninsured and underinsured vehicle coverage; insolvent insurer protection. Page 12 (pdf)

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