Illinois: NAMIC Urges State Legislators to Oppose SB 1296

The Illinois Senate recently passed on a vote of 34 to 23 one of the most negative trial lawyer tort bills of the 2007 session.

Under SB 1296’s language, the apportionment of fault under joint liability only applies to the parties still remaining in the case at the time a final determination is made and does not apply to the defendants or third-party defendants that have been dismissed for any reason, including settlement. In layman’s terms, that means:

Innocent parties are denied justice under the law as SB 1296 stacks the deck against an innocent party to the point that, even though innocent, the wise option likely becomes settling the case to avoid becoming one of the few parties splitting the cost of a judgment.
SB 1296 forces those least at fault to settle and bear more than their fair share of the cost of an injury.
Under SB 1296 a party only 10 percent responsible for an injury might have to pay 100 percent of the judgment. Current law imposes joint liability only if a party is 25 percent or more responsible.

NAMIC is part of the coalition, headed by the Illinois Insurance Association, fighting passage of the bill and The coalition also includes the Illinois Civil Justice League, Illinois Chamber of Commerce, Illinois Manufacturers Association, American Insurance Association and the Property Casualty Insurers Association of America.

Direct questions to NAMIC State Affairs Manager Tami Stanton.

Posted: Tuesday, April 03, 2007 12:00:00 AM. Modified: Tuesday, April 24, 2007 9:15:44 AM.

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