Bills › 90th General Assembly
Relating to the duties of insurers under medical malpractice insurance policies
Topics:Health careInsurance
Where it is now
- Done: IntroducedFebruary 27, 2023
- Done: SubcommitteeFebruary 28, 2023
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Insurance companies that cover doctors and nurses must try their best to settle legal claims fairly. If a person offers to settle for the amount covered by the insurance policy and the company refuses, the company must pay the entire court judgment even if it costs more than the policy allows. This rule lets healthcare providers sue their own insurance companies if they fail to negotiate these settlements properly.1
Read the official explanation
This bill provides that an insurance company insuring a health care provider against professional negligence shall negotiate in good faith all claims presented to the provider. If a claimant offers to settle within the policy limits and the insurer refuses or declines the offer and the claim proceeds to judgment in excess of the policy limit, the insurance company is liable for the full amount regardless of policy limitation. The insurance company has a duty to negotiate a settlement within policy limits if an offer has been made by the claimant at or within the policy limits. If the insurance company fails to do so, the health care provider has a cause of action against the insurance company.
Senate subcommittee
Named February 28, 2023. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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90th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HF 219 Relating to the duties of insurers under medical malpractice insurance policies91st General Assembly · In committeeNearly identical
Matched by wording or an identical title.