Bills › 91st General Assembly
Relating to the duties of insurers under medical malpractice insurance policies
Sponsored by Sen. Mark S. Lofgren (R)
Topics:Health careInsurance
Same legislation: HF 219
Where it is now
- Done: IntroducedJanuary 13, 2025
- Done: SubcommitteeJanuary 15, 2025
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committeeFunnel: by March 20, 2026
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2026 session adjourned on May 3, 2026, 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 against mistakes must try their best to settle 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 limit. This rule allows healthcare providers to 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 January 15, 2025. 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
Family tree
Tried before
91st General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- SF 430 Relating to the duties of insurers under medical malpractice insurance policies90th General Assembly · In committee · same titleCleared committee
Matched by wording or an identical title.