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2003 SESSION

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HB 2558 Liability insurance; overvoltage claims.

Introduced by: James M. Scott | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Liability insurance; overvoltage claims. Provides that a liability insurer's refusal to pay a claim resulting from an electricity overvoltage is arbitrary or unreasonable if the insurer requires re-litigation of the issue of the negligence of the insured or the electric utility as causing the overvoltage. In addition, a finding that the insured or the electric utility was, or was not, negligent shall be binding upon the trier of fact in any subsequent action involving a claim against the insured for injury or damage resulting from the overvoltage, and the insured is collaterally estopped from relitigating the issue of the negligence of the insured and the electric utility.


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