Loading chat...
ID S1165
Bill
Status
4/3/2013
Primary Sponsor
Judiciary and Rules Committee
Click for details
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