Loading chat...

SC H4733

Bill

Status

Introduced

1/13/2026

Primary Sponsor

David Martin

Click for details

Origin

House of Representatives

126th General Assembly

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

Committee Referrals

Judiciary12/16/2025

Full Bill Text

No bill text available