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MS HB865

Bill

Status

Failed

1/30/2018

Primary Sponsor

David Baria

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Establishes the "Unfair Claims Settlement Practices Act" to set standards for investigation and disposition of insurance claims in Mississippi, excluding workers' compensation, fidelity, suretyship, and boiler and machinery insurance.

  • Defines unfair claims practices as acts committed flagrantly or with conscious disregard of the law, or with such frequency as to indicate a general business practice, including misrepresenting policy provisions, failing to promptly acknowledge communications, refusing to pay claims without investigation, and unreasonably delaying claim processing.

  • Grants the Insurance Commissioner authority to issue cease and desist orders against insurers engaged in unfair claims practices after notice and hearing with at least 30 days' notice.

  • Authorizes penalties of up to $1,000 per violation (capped at $100,000 aggregate) for violations, or up to $25,000 per violation (capped at $250,000 aggregate) for flagrant violations, plus potential license suspension or revocation.

  • Provides enhanced penalties of up to $25,000 per violation (capped at $250,000 aggregate) for violations of cease and desist orders, with possible license suspension or revocation; takes effect July 1, 2018.

Legislative Description

Unfair Claims Settlement Practices Act; create under authority of Insurance Commissioner.

Last Action

Died In Committee

1/30/2018

Committee Referrals

Insurance1/11/2018

Full Bill Text

No bill text available