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CA SB1155

Bill

Status

Passed

9/28/2022

Primary Sponsor

Anna Caballero

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Establishes a framework for "time-limited demands" allowing claimants to settle liability claims within insurance policy limits before filing a complaint, with acceptance periods of at least 30 days (for email/fax/certified mail) or 33 days (for regular mail).

  • Requires time-limited demands to be in writing and include specific information: clear settlement offer within policy limits, description of injuries, reasonable proof supporting the claim, date and location of loss, and complete release language.

  • Claimants must send demands to the liability insurer's designated email or physical address (as posted by the Department of Insurance) or to the assigned insurance representative, and insurers must notify claimants in writing of acceptance decisions before demand expiration.

  • A time-limited demand that fails to substantially comply with these requirements cannot be considered a reasonable settlement offer in lawsuits alleging extracontractual damages against the insurer; does not apply to unrepresented claimants.

  • Applies only to automobile, motor vehicle, homeowner, and commercial premises liability insurance for property damage, personal injury, bodily injury, and wrongful death claims, effective for demands transmitted on or after January 1, 2023.

Legislative Description

Liability claims: time-limited demands.

Last Action

Chaptered by Secretary of State. Chapter 719, Statutes of 2022.

9/28/2022

Committee Referrals

Judiciary6/2/2022
Appropriations5/9/2022
Judiciary2/23/2022
Rules2/16/2022

Full Bill Text

No bill text available