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CA AB3040

Bill

Status

Introduced

2/16/2024

Primary Sponsor

Tasha Boerner Horvath

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Adds Section 11558 to the California Insurance Code to codify existing caselaw regarding the definition of "suit" and "lawsuit" in liability insurance policies

  • Expands the definition of "suit" or "lawsuit" to include regulatory enforcement actions, orders, directives, mandates, and requirements by federal, state, and local environmental agencies requiring insured parties to take action regarding contamination

  • Specifies that covered environmental agencies include the EPA, California Environmental Protection Agency, State Water Resources Control Board, Regional Water Quality Control Boards, Department of Toxic Substances Control, and county environmental health departments

  • Includes formal judicial proceedings and administrative proceedings in the definition, encompassing voluntary agreements, consent decrees, and consent orders that resolve or could lead to administrative adjudication

  • Provides that these definitions do not apply if their application contradicts the intent of the parties to the liability insurance policy

Legislative Description

Liability policies: lawsuits.

Last Action

Referred to Coms. on INS. and JUD.

3/11/2024

Committee Referrals

Insurance3/11/2024

Full Bill Text

No bill text available