Loading chat...
MO HB719
Bill
Status
1/28/2015
Primary Sponsor
Don Gosen
Click for details
AI Summary
-
Settlement demands or offers against insurers cannot be used as evidence in tort or breach of contract actions unless they meet specific requirements: written notice via certified mail, claimant affidavit describing injuries and damages, medical provider information, and an offer for a sum certain at or below policy limits
-
Settlement demands must remain open for 90 days from the date the insurer's representative signs the certified mail receipt
-
Insurers receiving settlement offers may seek clarification on terms, liens, medical records, and other relevant facts without such requests being deemed a counter offer
-
When an insurer breaches its duty to defend (without a final adjudication of bad faith), liability is capped at the policy limits plus reasonable attorney fees and court costs
-
The bill explicitly abrogates the Missouri Supreme Court decision in Columbia Cas. Co. v. HIAR Holding, LLC (2013), which had allowed damages exceeding policy limits for breach of duty to defend without requiring proof of bad faith
Legislative Description
Changes the laws regarding actions against insurers
Last Action
Action Postponed (H)
3/16/2015