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MO HB719

Bill

Status

Introduced

1/28/2015

Primary Sponsor

Don Gosen

Click for details

Origin

House of Representatives

2015 Regular Session

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

Committee Referrals

Property, Casualty, and Life Insurance2/18/2015

Full Bill Text

No bill text available