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CA AB2429
Bill
Status
2/14/2018
Primary Sponsor
Anna Caballero
Click for details
AI Summary
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Establishes state policy encouraging prompt settlement of civil actions and insurance claims to benefit claimants, policyholders, and insurers while eliminating unreasonable time-limited demand tactics.
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Requires time-limited demands to be in writing, labeled "Time-Limited Demand: Time Sensitive," sent via certified mail, and include a minimum 60-day acceptance period from receipt by the insurer.
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Mandates time-limited demands include specific information such as monetary settlement amount, detailed damage descriptions, legal theory of liability, full release offer, and disclosure of Medicare/Medicaid eligibility and liens.
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Requires supporting documentation including medical records and HIPAA authorizations for injury claims, employment and tax records for lost wage claims, and property damage estimates and photographs for property damage claims.
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Allows insurers to request clarification or additional information without rejecting the demand, with the acceptance deadline automatically tolled for a minimum of 30 days during the clarification period.
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Specifies that time-limited demands not strictly complying with statutory requirements are not admissible and cannot form the basis for extra-contractual damages claims.
Legislative Description
Insurance: time-limited demands.
Last Action
In committee: Set, first hearing. Hearing canceled at the request of author.
4/25/2018