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MO SB589
Bill
AI Summary
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Excludes health care malpractice claims from common law and establishes statutory causes of action requiring proof that providers failed to use ordinary skill and learning ordinarily used by similarly situated providers.
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Caps noneconomic damages in health care provider lawsuits at $350,000 regardless of the number of defendants, and prohibits juries from being informed of this limitation.
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Eliminates joint and several liability in tort actions, making each defendant liable only for damages in proportion to their percentage of fault, with separate judgments rendered against each defendant.
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Establishes requirements for insurance reservations of rights, including written notice within 60 days, and protects insurers from breach of duty claims when communicating reservations of rights or providing conditional defenses.
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Caps contingent attorney fees in damages actions at tiered percentages: 33% of first $50,000, 25% of next $50,000, 15% of next $500,000, and 10% of amounts exceeding $600,000, with an overall cap of 33% of total damages.
Legislative Description
Modifies provisions of law relating to civil actions for damages
Last Action
S Informal Calendar S Bills for Perfection--SB 589-Brown, with SCS, SA 2 & SA 1 to SA 2 (pending)
5/16/2014