Washington State Insurance Legislation Update
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...
View ArticleNew Late Notice Legislation Proposed In New York
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...
View ArticleWashington State Referendum 67 Battle Heats Up
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...
View ArticleNew Michigan Proposal Would Permit Treble Damage Awards
Although insurers have fared relatively well in recent years in contesting law suits alleging bad faith, they have recently lost ground in state legislatures. In addition to the new administrative...
View ArticleGuaranty Fund Act Revisions Under Consideration
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...
View ArticleMinnesota Senate Trims Back Proposed Bad Faith 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...
View ArticleFlorida Proposal Would Defend Insurers Against Time Limited Bad Faith Suits
Legislation has been proposed in the Florida Senate that would ameliorate present law with respect to the liability of insurers for failing to accept “time limited” policy limit demands. Since the...
View ArticleRecent Activity in the Oregon Legislature Toward Expanded Remedies for Insureds
A bill has been introduced 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...
View ArticleUPDATE: Oregon Bill for Expanded Remedies for Insureds
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...
View ArticleInsured-Insurer Privilege Part II
As you likely know from my last blog, I am an advocate of a codified “Insured-Insurer Privilege.” The need for such a privilege was also described in my last blog. Briefly, an insured who is seeking...
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