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2011 SESSION
HB 1985 Underinsured motorist; insurance coverage.
Introduced by: Terry G. Kilgore | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Underinsured motorist insurance coverage. Provides that a liability insurer's written offer to pay the limits of its policy may be made contingent upon waiver of subrogation. These provisions clarify legislation enacted in the 2010 Session that permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim to the extent the costs are incurred after the liability insurer makes an irrevocable written offer to pay the limits of its policy. This measure further states that these provisions, including the liability insurer's irrevocable offer and the underinsured insurer's liability for defense costs, do not apply if a jury verdict is returned for an amount equal to or less than the total liability coverage available for payment or a ruling dismissing the complaint, including the plaintiff's voluntary nonsuit.
SUMMARY AS INTRODUCED:
Underinsured motorist insurance coverage. Provides that a liability insurer's written offer to pay the limits of its policy may be made contingent upon final judgment in an amount equal to or greater than the offer, waiver of subrogation, or both. These provisions clarify legislation enacted in the 2010 Session that permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim to the extent the costs are incurred after the liability insurer makes an irrevocable written offer to pay the limits of its policy. This measure further states that these provisions do not apply to costs incurred in connection with an appeal, or if the final judgment is for an amount less than the offer.