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Published By The Attorneys of the National Insurance Law Forum

Category Archives: Legislation

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New Challenge to the ALI Restatement of the Law of Liability Insurance?

Posted in Bad Faith/Extra Contractual, Legislation, Liability Coverage, News
After seven years and countless drafts and revisions, the American Law Institute’s Restatement of the Law of Liability Insurance is scheduled for a final vote at the ALI’s Annual Meeting in Washington, D.C. on May 23, 2017.  Even as the project Reporters (Professors Tom Baker and Kyle Logue) start to contemplate life after this Restatement,… Continue Reading

UPDATE: Oregon Bill for Expanded Remedies for Insureds

Posted in Legislation
As reported in March, a bill was introduced, H.B. 2791, in the Oregon Legislature that would allow "any person" suffering injury or loss as a result of a practice prohibited under Oregon’s unfair claim settlement practices statute to sue for triple damages plus attorney’s fees. This would have drastically changed Oregon law that there is… Continue Reading

Minnesota Senate Trims Back Proposed Bad Faith Legislation

Posted in Bad Faith/Extra Contractual, Legislation
The Minnesota Senate has approved bad faith legislation albeit only after significant insurance industry lobbying ameliorated some of the more onerous provisions of the original proposal. As originally drafted, SF 2822, an insurer would be deemed to be acting in good faith unless the policyholder could prove the absence of a reasonable basis for denying benefits and that… Continue Reading

Guaranty Fund Act Revisions Under Consideration

Posted in Legislation
The National Conference of Insurance Legislators (NCOIL) is poised to adopt new model legislation governing the role of state guaranty funds in responding to the insolvency of property and casualty insurers. T he proposed model legislation, which was approved by NCOIL’s property and casualty insurance committee on November 16, 2007, comes in response to complaints… Continue Reading

Washington State Referendum 67 Battle Heats Up

Posted in Legislation
As we previously reported, Washington State voters will decide the fate of the Insurance Fair Conduct Act (IFCA) on Election Day when Referendum 67 appears on the ballot. If passed by voters, the IFCA will allow for un-capped treble damages awarded at the discretion of the trial court, mandatory awards of reasonable attorney’s fees, actual litigation… Continue Reading

New Late Notice Legislation Proposed In New York

Posted in Legislation
Only two months after Governor Spitzer vetoed efforts to permit "direct actions" in New York and impose a requirement of prejudice in late notice cases, a new bill has been introduced in the State Senate and Assembly that would change New York law in much the same way that SB 06306 proposed to.  The new proposal, which… Continue Reading

Washington State Insurance Legislation Update

Posted in Legislation
The Insurance Fair Conduct Act (IFCA) was passed by the Washington State Legislature in May 2007 after much legislative debate as to the need for the unprecedented remedy of un-capped treble damages awarded at the discretion of the trial court for a violation of the IFCA. Violations of the IFCA can result from (1) an unreasonable… Continue Reading