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GA HB1101
Bill
Status
Introduced
3/4/2020
Primary Sponsor
Martin Momtahan
Click for details
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