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2010 SESSION
HB 93 Uninsured motorist insurance; liability insurer relieved of costs of defending owner in claim.
Introduced by: Terry G. Kilgore | all patrons ... notes | add to my profiles | history
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:
Uninsured motorist insurance coverage. Permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim involving property damage or bodily injury, including death, incurred after the liability insurer makes an irrevocable written offer to pay the limits of its policy and notifies any insurer providing underinsured motorist coverage with respect to the claim. The insurer or insurers providing underinsured motorist coverage shall reimburse the liability insurer or insurers for the costs of defending the underinsured motor vehicle owner or operator. The liability insurer retains the duty to defend its insured. If underinsured motorist coverage is provided by more than one insurer, the cost to defend shall be assumed in the same order of priority as applies to payments of underinsured benefits. The provisions of this bill shall not apply in the event of either a jury verdict being returned in an amount equal to or less than the total liability coverage available for payment or a dispositive ruling dismissing the plaintiff's complaint. The provisions of the bill shall not apply to costs incurred in connection with an appeal.
SUMMARY AS PASSED:
Uninsured motorist insurance coverage. Permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim involving property damage or bodily injury, including death, incurred after the liability insurer makes an irrevocable written offer to pay the limits of its policy and notifies any insurer providing underinsured motorist coverage with respect to the claim. The insurer or insurers providing underinsured motorist coverage shall reimburse the liability insurer or insurers for the costs of defending the underinsured motor vehicle owner or operator. The liability insurer retains the duty to defend its insured. If underinsured motorist coverage is provided by more than one insurer, the cost to defend shall be assumed in the same order of priority as applies to payments of underinsured benefits. The provisions of this bill shall not apply in the event of either a jury verdict being returned in an amount equal to or less than the total liability coverage available for payment or a dispositive ruling dismissing the plaintiff's complaint. The provisions of the bill shall not apply to costs incurred in connection with an appeal.
SUMMARY AS PASSED HOUSE:
Uninsured motorist insurance coverage. Permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim involving property damage or bodily injury, including death, incurred after the liability insurer makes an irrevocable written offer to pay the limits of its policy and notifies any insurer providing underinsured motorist coverage with respect to the claim. The insurer or insurers providing underinsured motorist coverage shall reimburse the liability insurer or insurers for the costs of defending the underinsured motor vehicle owner or operator. The liability insurer retains the duty to defend its insured. If underinsured motorist coverage is provided by more than one insurer, the cost to defend shall be assumed in the same order of priority as applies to payments of underinsured benefits.
SUMMARY AS INTRODUCED:
Uninsured motorist insurance coverage. Permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim involving property damage or bodily injury, including death, if the liability insurer makes an irrevocable written offer to pay the limits of its policy and notifies any insurer providing underinsured motorist coverage with respect to the claim. The liability insurer retains the duty to defend its insured. If underinsured motorist coverage is provided by more than one insurer, the cost to defend shall be assumed in the same order of priority as applies to payments of underinsured benefits.