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2000 SESSION

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HB 735 Release of liability; right of rescission.

Introduced by: C. Richard Cranwell | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Release of liability; right of rescission. Provides that when a claimant executes a release of liability as a condition of settlement in a claim or action for personal injury within 30 days of the incident giving rise to such claim and the claimant was not represented by counsel, the release shall contain a separate and conspicuous notice of the right to rescind. Current law provides that the claimant shall have a right of rescission until midnight of the third business day after the day on which the release was executed, provided that he was not represented by counsel when the release was executed, the rescission was made in writing to the person or persons being released, their representative or insurance carrier, and the claimant returns to the person or persons being released any check or settlement proceeds received by the claimant prior to the rescission.


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