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DE SB195

Bill

Status

Introduced

4/10/2014

Primary Sponsor

Harris McDowell

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Allows insured or injured parties and their attorneys to direct payment of personal injury protection (PIP) benefits in writing or through electronic mail, including the order and amount of medical bills to be paid.

  • Permits direction of PIP benefits for lost wages (both already incurred and expected future wages) and reimbursement of private health insurance, Medicaid, or Medicare for related expenses paid from the covered loss.

  • Requires insurers to honor written or electronic directions from insured/injured parties regarding benefit allocation, except for properly submitted expenses from certified Delaware volunteer ambulance companies providing basic life support services, which must be paid regardless of direction.

  • Adds definitions for "insured" and "injured party" to Title 21 of the Delaware Code to mean persons entitled to PIP benefits under an automobile insurance policy.

  • Legislation responds to Delaware Supreme Court decision in State Farm v. Davis inviting the General Assembly to clarify policy on PIP benefit allocation and aligns with prior Delaware court decisions maximizing benefits for collision victims.

Legislative Description

An Act To Amend Title 21 Of The Delaware Code Relating To Motor Vehicles.

Last Action

Reported Out of Committee (INSURANCE) in Senate with 5 On Its Merits, 1 Unfavorable

5/8/2014

Committee Referrals

Insurance4/10/2014

Full Bill Text

No bill text available