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MS HB437

Bill

Status

Failed

2/5/2019

Primary Sponsor

David Baria

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Creates the "Unfair Claims Settlement Practices Act" to establish standards for investigation and settlement of insurance claims for Mississippi residents, excluding workers' compensation, fidelity, suretyship, and boiler and machinery insurance.

  • Defines unfair claims practices including misrepresenting policy provisions, failing to acknowledge communications promptly, refusing to pay without investigation, unreasonably delaying claims, and failing to provide claim forms within 15 days.

  • Authorizes the Insurance Commissioner to issue cease-and-desist orders after a hearing with at least 30 days' notice if an insurer engages in unfair claims practices flagrantly or as a general business practice.

  • Imposes monetary penalties of up to $1,000 per violation (maximum $100,000 aggregate) for standard violations, or up to $25,000 per violation (maximum $250,000 aggregate) for flagrant violations, and allows suspension or revocation of the insurer's license.

  • Takes effect July 1, 2019; does not create a private cause of action for violations but allows the Commissioner to promulgate rules and regulations to enforce the act.

Legislative Description

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

Last Action

Died In Committee

2/5/2019

Committee Referrals

Insurance1/14/2019

Full Bill Text

No bill text available