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ID S1165

Bill

Status

Passed

4/3/2013

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Amends Idaho Code Section 41-1839 to allow insured parties to recover attorney's fees when an insurer fails to pay within 30 days after proof of loss (or 60 days for uninsured/underinsured motorist coverage).

  • Eliminates attorney's fee recovery if the insurer made a full tender of the amount justly due before the action commenced and deposited it in court, or if the court determines no amount is justly due.

  • Exempts workers' compensation claims, surety claims (unless creditors provide 60-day written notice), and fidelity insurance claims (unless liability is acknowledged in writing or established by judgment) from attorney's fee provisions.

  • Establishes that Section 41-1839 and Section 12-123 provide the exclusive remedy for statutory attorney's fees in insurance disputes, with an exception allowing fees for frivolous or unfounded cases.

  • Prohibits application of Idaho Code Section 12-120 to actions or arbitrations between insureds and insurers involving insurance policy disputes.

Legislative Description

Amends existing law to revise a provision relating to attorney's fees when an insurer fails to pay a person entitled.

ATTORNEY'S FEES

Last Action

Signed by Governor on 04/03/13 Session Law Chapter 257 Effective: 07/01/13

4/3/2013

Committee Referrals

Judiciary and Rules3/12/2013

Full Bill Text

No bill text available