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GA SB390

Bill

Status

Introduced

2/18/2020

Primary Sponsor

Steve Gooch

Click for details

Origin

Senate

2019-2020 Regular Session

AI Summary

  • Expands discovery stay provisions to include motions for judgment on the pleadings, maintains the 90-day stay period, and adds new rules for discovery and preservation of electronically stored information (ESI), including court-ordered sanctions such as adverse presumptions or dismissal for failure to preserve relevant documents or ESI

  • Requires health care providers to create, maintain, and store records created on or after January 1, 2021, in electronic format, sets a flat fee cap of $50.00 for producing electronic health records, reduces per-page paper copy costs (to 25¢/15¢/5¢ per page), and imposes escalating civil penalties ($10–$25/day) on providers who fail to furnish records within 30 days

  • Requires liability and casualty insurers to respond within 14 days (reduced from 60 days) to claimant information requests with detailed sworn statements about coverage, the insured's circumstances at the time of the incident, and other potentially liable parties, and mandates written notices to both claimants and insureds advising them of their right to seek independent legal representation

  • Creates a private cause of action for violations of the unfair trade practices provisions under Title 33 (insurance) and expands insurer liability for negligent or bad faith refusal to pay uninsured motorist claims to include the total amount of claimant damages, interest on unpaid benefits, reasonable attorney's fees, and damages caused by violations of state law

  • Permits rebuttal interrogation of hostile or adverse witnesses called by the opposing party at the court's discretion and adds requirements that requests for admission clearly identify themselves in the caption and before each request

Legislative Description

Civil Practice and Litigation; several titles of the O.C.G.A.; amend and revise

Last Action

Senate Read Second Time

3/9/2020

Full Bill Text

No bill text available