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GA HB1101

Bill

Status

Introduced

3/4/2020

Primary Sponsor

Martin Momtahan

Click for details

Origin

House of Representatives

2019-2020 Regular Session

AI Summary

  • Requires liability or casualty insurers to provide claimants with the insurer's name, each insured's name, and coverage limits (including time limitations) either prior to or contemporaneous with making a settlement offer, or within 30 days of receiving a written request by certified mail or statutory overnight delivery
  • Mandates that insurers include a prominently displayed notice (12-point Arial font, separated by at least two inches from other text) advising claimants they may seek attorney representation during the claims process
  • Requires insurers to send insureds a written notice within 30 days of receiving a claimant's request, informing them of potential conflicts of interest between insurer and insured, their right to independent legal representation, and applicable statutes of limitations (4 years for property damage, 2 years for personal injury, 1 year for reputation injuries, 4 years for loss of consortium)
  • Establishes that an insurer's failure to comply with the disclosure and notice requirements gives rise to a claim of bad faith, and repeals Code Section 33-6-37 (which barred private causes of action for unfair trade practices), thereby enabling private litigation for such violations
  • Effective January 1, 2021, applying to any claim accruing on or after that date

Legislative Description

Insurance; requirements of insurers upon information requests by claimants; provide

Last Action

House Committee Favorably Reported By Substitute

3/12/2020

Committee Referrals

Special Committee on Access to the Civil Justice System3/4/2020

Full Bill Text

No bill text available