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SB 76, Concerning Unreasonable Insurance Claims Settlement Practices, sponsored by Sen. Morgan Carroll, a trial attorney, passed on second reading March 8 in the Senate. The bill passed, as amended, out of the Senate Health and Human Services Committee on Feb. 11 on a 4-3 vote. The bill is now eligible for a third reading in the Senate any time. (Posted: 3/9/2010)
The Connecticut Supreme Court will hear oral arguments on March 16 in a case NAMIC has filed an amicus brief in involving the ability of the state’s attorney general to disclose confidential information submitted in the course of an investigation. (Posted: 3/9/2010)
Supreme Court Ruling on Citizens United: A Victory for Free Speech
When the Supreme Court of the United States handed down its ruling on Citizens United v. Federal Election Commission on January 21, it elicited quite a reaction in Washington. Pundits and politicians decried the end of political campaigns as we know them. Corporate money would now be allowed to flood into campaign coffers, poisoning the election process and ensuring the dominance of special interests in politics for the rest of time. Less than a week after the decision, in his State of the Union Address, even our president – who stood before the justices of the Supreme Court who are invited as guests – called it "a green light to a new stampede of special interest money in our politics. It is a major victory for Big Oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans." Scary stuff. (Posted: 3/4/2010)
Sen. Gene Davis introduced legislation Feb. 25 that will add a private civil cause of action to the current Unfair Claim Settlement Practices Insurance Code (31A-26-303). The bill was fast-tracked and promptly passed out of Senate Rules Committee, then passed out of Senate Business Labor Committee March 1 on a 5-0-2 vote. (Posted: 3/2/2010)
Legislation was introduced Feb. 22 to expand Section 41-1839, Idaho Code, Allowance of Attorney’s Fees in Suits Against Insurers, to require an award of attorney’s fees associated with a legal action or contractual arbitration brought by a policyholder against its insurer for failing to pay a policyholder’s claim within 30 days after proof of loss has been furnished by the policyholder to the carrier. (Posted: 3/2/2010)
The Supreme Judicial Court of Massachusetts last week issued a decision broadly affirming the commissioner of insurance’s position regarding several rules affecting the operation of state’s auto insurance residual market. (Posted: 2/23/2010)
NAMIC Applauds Removal of Medical Liability from Anti-Trust Repeal as ‘Good First Step’
NAMIC has applauded the removal of medical liability insurance from legislation seeking to repeal the industry’s limited anti-trust exemption as a good first step while continuing to express concern regarding the overall bill. (Posted: 2/22/2010)
SB 62, a trial-bar-sponsored UM/UIM bad faith bill, has been re-introduced again this legislative session. The proposed legislation passed on a 5-1-1 vote out of Senate Rules Committee, which is chaired by the bill sponsor, Sen. Stephen Urquhart. The bill has been scheduled for the Senate Second Reading Calendar and will be voted on any time now. (Posted: 2/16/2010)
Rhode Island: Supreme Court Hears Oral Arguments in Labor Rate Case
The Rhode Island Supreme Court heard oral arguments on Feb. 9 in a closely watched case involving drastically conflicting interpretations of a state statute requiring auto insurers to conduct surveys of auto body shops in order to determine a prevailing labor rate. (Posted: 2/16/2010)
SB 112, Concerning Rate Setting for Workers’ Compensation Insurance, passed out of the Senate Judiciary, as amended, Feb. 10 on a 6-1 vote and referred to the Senate Finance Committee. (Posted: 2/16/2010)
Illinois: Workers’ Comp Benefits Continue After Termination (2/9/2010)
Indiana: Supreme Court Addressed Tort Claim Immunity, Temporary Weather Conditions (2/9/2010)
Illinois: Supreme Court Throws Out Medical Malpractice Reforms (2/9/2010)
New Hampshire: Supreme Court Says State Cannot Take JUA Funds, as Argued in NAMIC Amicus Brief (2/2/2010)
NAMIC Comments on N.H. Supreme Court Ruling Against Taking JUA Funds (1/28/2010)
Supreme Court Rules on Independent Campaign Ads (1/26/2010)
New York: NYIA Files Suit Over Assessments and Allocation Practices (1/19/2010)
U.S. Court of Appeals: D.C. Circuit Finds Adjusters Exemption From Overtime Pay (1/12/2010)
Ohio: Dog Bite Gets Two Bites (of the Apple) (1/12/2010)
Indiana: Notice of UIM Claim Adequate for UM Notice Compliance (1/12/2010)
California: Insurance Industry Requests, Gets Legislation Pulled That Could Lead to Frivolous Litigation (1/12/2010)
NAMIC Responds to Mass. AG’s Report on State’s Auto Insurance Managed Competition System (12/23/2009)
SERFF Issues Remain Unresolved (12/16/2009)
Session Held on Social Media (12/16/2009)
Market Conduct Annual Statement Audit (12/16/2009)
Market Regulation Accreditation Proposal (12/16/2009)
Massachusetts: Supreme Court Hears Oral Arguments in Case Over Medical Bill Evidence (12/15/2009)
Rhode Island: Supreme Court to Hear Oral Arguments in February in Auto Body Labor Rate Survey Case (12/15/2009)
Mississippi: Supreme Court Rules on Katrina Case (10/20/2009)
New Hampshire: Supreme Court Hears Arguments in Case Over State Taking of JUA Funds (10/20/2009)
NAMIC Issues Brief on Texting While Driving (9/22/2009)
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