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2010 SESSION

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HB 1106 Insurance policy limits; allows personal representative of estate of decedent to request disclosure.

Introduced by: Johnny S. Joannou | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Disclosure of insurance policy limits; wrongful death action.  Allows the personal representative of the estate of a decedent who died as a result of a motor vehicle accident, or his attorney, to request the disclosure of the liability limits of an insurance policy prior to filing a civil action for wrongful death resulting from a motor vehicle accident. The party requesting this information shall provide the insurer with (i) the date of the accident, (ii) the name and last known address of the alleged tortfeasor, (iii) a copy of the accident report, if any, (iv) the claim number, if available, and (v) the decedent's death certificate; the certificate of qualification of the personal representative of the decedent's estate; the names and relationship of the statutory beneficiaries of the decedent; medical bills, if any; and a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy.

SUMMARY AS PASSED HOUSE:

Disclosure of insurance policy limits; wrongful death action. Allows an attorney who represents the personal representative of the estate of a decedent who died as a result of a motor vehicle accident, or the personal representative of the estate of the decedent if he is not represented by counsel to request in writing that the insurer disclose the limits of liability of any motor vehicle liability or any personal injury liability insurance policy that may be applicable to the claim. The party requesting this information shall provide the insurer with (i) the date of the decedent's death, (ii) the name and last known address of the alleged tortfeasor, and (iii) death certificate of the decedent; the certificate of qualification of the personal representative of the decedent's estate; the names and relationship of the statutory beneficiaries of the decedent; medical bills; and a description of the source, amount, and payment history of the claimed income loss for each beneficiary. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy.

SUMMARY AS INTRODUCED:

Disclosure of insurance policy limits; wrongful death action.  Allows the plaintiff's attorney in a wrongful death action, to request the disclosure of the liability limits of an insurance policy prior to filing such an action. The party requesting this information shall provide the insurer with (i) the date and cause of the decedent's death, (ii) the name and last known address of the alleged tortfeasor, (iii) the claim number, if available, and (iv) the decedent's medical records, medical bills, funeral and burial expenses, and wage-loss determination. The insurer only has to disclose the liability limits if the amount of the decedent's medical bills, funeral and burial expenses, and wage losses equals or exceeds $12,500. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy.