Loading chat...
SC H4733
Bill
Status
1/13/2026
Primary Sponsor
David Martin
Click for details
AI Summary
-
Creates the "Bad Faith Presumption in Insurance Settlement Offer Act" establishing a rebuttable presumption of bad faith when an insurer refuses to settle a claim within policy limits after the claimant, defendant, and their attorneys have all agreed to settle
-
Triggers the presumption when three conditions are met: a settlement agreement is signed by all parties agreeing to resolve within policy limits, the insurer refuses to accept after being notified, and a subsequent judgment or arbitration award exceeds policy limits
-
Allows insurers to rebut the presumption by showing reasonable grounds for refusal, such as existence of a material legal defense, exposure to greater liability than anticipated, or information not reasonably available at the time
-
Makes insurers liable for additional damages, interest, and attorney's fees under existing state bad-faith law if the presumption is not rebutted
-
Permits settlement agreements to be admitted as evidence only in subsequent bad-faith actions against the insurer, not in the underlying liability case
Legislative Description
Bad faith presumption in insurance settlements
Last Action
Referred to Committee on Judiciary
1/13/2026