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NAMIC 2003 Survey of New State Insurance Laws
Alabama - June 16, 2003 Adjournment
Investment Tax Credits
HB 13a - Revises provisions governing investment credits against premium tax payments. Effective if voters agree to constitutional amendments proposed by Act 78 Laws of 2003. Act 101.
Alaska - May 21, 2003 Adjournment
Insurance Scoring
SB 13 - Restricts the use of credit history and insurance scoring by personal lines insurers. Effective 1/1/04. Chapter 150.
Arizona - June 19, 2003 Adjournment
Captives
HB 2152 - Provides rules to govern the formation and licensing of captive companies. Effective 9/18/03. Chapter 242.
Insurance Scoring
HB 2032 - Establishes rules to govern the underwriting use of credit history by insurers. Effective 8/31/04. Chapter 151.
SB 1265 - Allows insurers to obtain information about a premises for which coverage is sought from a consumer report or database that is contained in a report provided by an insurance support organization or a consumer reporting agency. Effective 12/31/03. Chapter 120.
Licensure
HB 2150 - Extends the repeal date for a section of law related to continuing education requirements. Effective 9/18/03. Chapter 216.
Notification Requirements
HB 2156 - Sets forth notification requirements regarding liens or encumbrances on damaged vehicles. Effective 9/18/03. Chapter 243.
Rates and Forms
SB 1266 - Prohibits insurers from charging more for certain residential property insurance coverage with a single 'below deductible' claim, not exceeding $500 in the previous three years, than would be charged for like coverage on the same property if the property had no 'below deductible' claims. Effective 9/18/03. Chapter 131.
Telephone Sales
SB 1119 - Prohibits unsolicited calls to individuals listed on either the Arizona or the federal no-call list. Effective 9/18/03. Chapter 237.
Tort Reform
HB 250 - Establishes the Lengthy Trial Fund to compensate jurors who serve more than 10 days.
Motor Vehicle Insurance
(Traffic Safety)
HB 2002 - Regulates and limits the use of ignition interlock devices. Effective 9/18/03. Chapter 213.
(UI/UIM)
HB 2151 - Amends form filing procedures for UI/UIM coverage. Effective 9/18/03. Chapter 86.
(Miscellaneous Motor Vehicle Insurance Issues)
HB 2283 - Establishes provisions to regulate taxis, sedans, limousines. Effective 9/18/03. Chapter 168.
Workers' Compensation
(Penalties)
SB 1048 - Establishes additional definitions related to workers' compensation responsibilities and increases penalties. Effective 9/18/03. Chapter 180.
Arkansas - April 16, 2003 Adjournment
Insurance Scoring
SB 846 - Establishes restrictions and prohibitions on an insurers use of credit history information. Effective 1/1/04. Act 1842.
Notification Requirements
HB 2833 - Requires workers' compensation and professional liability insurers to provide notification of premium increases and nonrenewal and requires property and auto insurers to provide notice of nonrenewal. Effective 7/15/03. Act 1790.
Omnibus Insurance Law Changes
HB 2729 - Amends the Omnibus Insurance Producers Act to delete a provision stating that countersigning by an Arkansas agent will not suffice to execute a bond, amends renewal and termination of agent appointment procedures, and prohibits certain payments and the sharing of insurance producer commissions and fees. Effective 7/15/03. Act 1203.
Rates and Forms
HB 2222 - Requires property insurers (in certain circumstances) to include an impact statement regarding rate and rule filings effect on fire protection. Effective 7/15/03. Act 1749.
Regulatory Filings
HB 2770 - Requires insurers who write fire insurance to file annual statements of fire losses on a county-by-county basis. Effective 4/14/03. Act 1345.
Telephone Sales
HB 2293 - Amends the state telephone privacy act to include the federal do-not call registry. Effective 7/15/03. Act 1042.
Tort Reform
HB 1038 - Establishes reforms related to damage awards, liability assessment, evidence and venue. Effective 3/25/03. Act 649.
SB 216 - Authorizes trial and appellate courts to order certain cases to mediation. Effective 7/15/03. Act 1179.
Motor Vehicle Insurance
(Accident Reporting)
HB 1573 - Raises the property damage amount required to report vehicle accidents from $500 to $1,000 and repeals insurer reporting requirements when canceling or terminating a certified motor vehicle liability policy. Effective 7/15/03. Act 333.
(Proof of Coverage)
SB 406 - Requires insurers to provide their National Association of Insurance Commissioners code number on auto proof of insurance cards. Effective 7/1/03. Act 998.
(Miscellaneous)
HB 1386 - Changes liability limits for taxicabs from $25,000 per person and $50,000 per accident to the minimum amounts prescribed under the Motor Vehicle Safety Responsibility Act, which provides for the filing of a bond or obtaining self-insurance in lieu of these policy limits. Effective 7/15/03. Act 1152.
SB 243 - Requires auto insurers to include payment of sales tax in settlements involving the total loss of a vehicle. Effective 3/18/03. Act 458.
Workers' Compensation
(Covered Claims/Injuries)
HB 1965 - Includes adverse reactions to smallpox vaccine within the definition of compensable workers' compensation injury. Effective 4/10/03. Act 1237.
(Self-Insurers)
SB 528 - Allows certain self-insurer groups to waive excess insurance requirements. Effective 3/18/03. Act 468.
(Studies)
SCR 28 - Requests a study of the impact of exempting sole proprietors and partnerships from liability under workers' compensation laws. Effective 4/7/03.
California - September 12, 2003 Adjournment
Notification Requirements
AB 1191 - Requires written notification by residential property insurers of premium changes. Effective 3/1/04. Chapter 571.
AB 1727 - Changes notification requirements for cancellation of personal property coverage. Effective 1/1/04. Chapter 148.
Privacy/Disclosure
SB 1 - Enacts the California Financial Information Privacy Act of 2003. Effective 7/1/04. Chapter 241.
SB 27 - Requires notification compliance by all insurers disclosing a customer's personal information to a third party. Effective 1/1/04.
Telephone Sales
SB 33 - Requires compliance with state and federal laws regarding telephone solicitations. Effective 1/1/04. Chapter 779.
Motor Vehicle Insurance
(Commercial Coverage)
AB 1238 - Amends the definition of commercial vehicle for determining percentage of defense costs for auto losses where two or more policies cover the damaged vehicle. Effective 1/1/04. Chapter 729.
(Repair Shops/Claims)
SB 551 - Prohibits an insurer from requiring the use of specific repair shops. Effective 1/1/04. Chapter 791.
(UI/UIM)
SB 333 - Revises regulations governing the time period for causes of action involving uninsured motorist coverage. Effective 1/1/04. Chapter 56.
(Miscellaneous)
SB 841 - Authorizes the utilization of persistency of auto insurance coverage as an additional optional rating factor. Effective 7/31/03. Chapter 169.
AB 1181 - Requires personal auto insurers to provide certain information at the time of application for or issuance of or renewal of an auto policy. Effective 1/1/04. Chapter 360.
Workers' Compensation
(Benefits Calculation)
AB 149 - Establishes the period within which proceedings must commence for the collection of workers' compensation benefits at one year from date of death. Effective 1/1/04. Chapter 831.
(Defined Injuries)
AB 1557 - Provides that an employee is not entitled to an increase in workers' compensation benefits for unreasonable delays in the provision of medical treatment for time periods necessary for utilization review. Effective 1/1/04. Chapter 638.
(Fraud)
AB 1099 - Authorizes the Employment Development Department to request information from insurers regarding suspected workers' compensation fraud. Effective 1/1/04. Chapter 636.
(Miscellaneous)
SB 1007 - Expands the definition of common trade or business to include certain manufactured facilities. Effective 1/1/04. Chapter 641.
AB 1262 - Requires the insurance commissioner to adopt regulations to establish minimum standards for workers' compensation claims adjusters. Effective 1/1/04. Chapter 637.
Miscellaneous New Insurance Provisions
AB 1049 - Prohibits insurers from basing adverse underwriting decisions on an individual's prior inquiry or receipt of information about coverage under residential fire or property policies. Effective 1/1/04. Chapter 442.
Colorado - May 7, 2003 Adjournment
Insurance Scoring
HB 1273 - Requires automobile insurers to disclosure the use of credit scoring information. Effective 7/1/04. Chapter 100.
State Insurance Regulator
SB 59 - Recreates and reenacts the division of insurance and its regulatory functions. Effective 7/1/03. Chapter 40.
Tort Reform
HB 1007 - Establishes a $300,000 limit on noneconomic damage awards in medical malpractice cases. Effective 7/1/03. Chapter 271.
HB 1027 - Permits interlocutory appeal of class action cases. Effective 7/1/03. Chapter 103.
HB 1186 - Establishes requirements and procedures in order to assert a claim for exemplary damages. Effective 8/5/03. Chapter 149.
HB 1366 - Limits supersedeas bonds during the appeal of a civil action to $25 million. Effective 5/22/03. Chapter 288.
SB 86 - Establishes limitations on contingency fee arrangements between the government and private lawyers. Effective 8/5/03. Chapter 124.
SB 231 - Prohibits certain product liability actions when a product was found to have been misused. Effective 9/1/03. Chapter 167.
Motor Vehicle Insurance
(Fraud Prevention)
HB 1251 - Requires insurers to fund an automobile theft prevention authority. Effective 4/22/03. Chapter 178.
(Proof of Coverage)
HB 1223 - Requires proof of coverage as a condition of motor vehicle registration reinstatement. Effective 5/22/03. Chapter 292.
(Repair Shops/Claims)
HB 1253 - Prohibits insurers from engaging in an unfair or discriminatory trade practices in the payment of damage repair claims. Effective 7/1/03. Chapter 390.
(Traffic Safety)
HB 1144 - Establishes child safety restraint requirements. Effective 8/1/03. Chapter 34.
HB 1170 - Increases penalties for young drivers who commit certain crimes involving motor vehicles. Effective 7/1/03. Chapter 284.
SB 76 - Increases penalties tied to alcohol related traffic offenses. Effective 7/1/03. Chapter 367.
(UI/UIM)
SB 239 - Eliminates the requirement for auto insurers to report policyholder and uninsured motorist claim numbers and continues the motorist insurance identification database program until 7/1/06. Effective 7/1/03. Chapter 415.
(Miscellaneous)
HB 1188 - Repeals the no-fault auto insurance system by providing for compulsory coverage and a return to the tort system. Effective 7/1/03 (Applies to policies written on or after 7/1/03.) Chapter 234.
HB 1289 - Requires household goods carriers (movers) to maintain general liability and motor vehicle liability insurance, a surety bond, or a certificate of self-insurance. Effective 8/5/03. Chapter 358.
Workers' Compensation
(Reporting Requirements)
SB 302 - Provides a temporary repeal (through 7/1/05) of the insurance division's authority to require data calls. Effective 5/1/03. Chapter 233.
(Miscellaneous)
HB 1322 - Requires a workers' compensation insurer to attempt settlement prior to a request for hearing. Effective 7/1/03. Chapter 306.
HB 1372 - Deletes certain exemptions for Pinnacol Assurance. Effective 7/1/03. Chapter 351.
SB 224 - Continues the Physicians Accreditation Program. Effective 7/1/03. Chapter 121.
SB 240 - Establishes a selection process for independent medical examiners. Effective 8/5/03. Chapter 259.
Miscellaneous New Insurance Provisions
HB 1045 - Increases the criminal penalties tied to selling unauthorized insurance products. Effective 7/1/03. Chapter 105.
Connecticut - June 4, 2003 Adjournment
Notification Requirements
SB 1015 - Requires insurer notification to insureds of their rights to contact the division of consumer affairs if a claim is denied under a personal risk policy. Effective 1/1/04. Public Act 03-55.
Privacy/Disclosure
SB 836 - Requires the insurance department to maintain confidentiality of certain records related to investigations. Effective 10/1/03. Act 03-121.
Regulatory Filings
SB 837 - Amends insurance code to require that information filed with the National Association of Insurance Commissioners include any additional filings required by the insurance commissioner, including swap agreements. Effective 10/1/03. Public Act 03-199.
State Insurance Regulator
HB 6377 - Authorizes the insurance commissioner to engage the services of attorneys, actuaries or other experts not part of the commissioner's staff to assist in financial analysis, licensure application review, holding company transactions. Effective 10/1/03. Public Act 03-127.
Structured Settlements
SB 1059 - Adopts the model State Structured Settlements Protection Act. Effective 10/1/03. Act 03-110.
Workers' Compensation
(Covered Claims/Injuries)
HB 6608 - Expands the definition of a covered claim and the order of recovery for a workers' compensation claim. Effective 5/23/03. Public Act 03-59.
Miscellaneous New Insurance Provisions
SB 1112 - Increases recovery limits under the Dram Shop Act and makes it the sole remedy against sellers of alcohol. Effective 5/29/03. Public Act 03-91.
Delaware - July 1, 2003 Adjournment
Licensure
HB 280 - Establishes licensing requirements for public adjusters. Effective 8/1/03. Chapter 178.
Uniform Commercial Code Changes
HB 268 - Amends the U.C.C. by increasing fees related to secured transactions and provides for expedited services through the office of the secretary of state. Effective 8/1/03. Chapter 52.
Motor Vehicle Insurance
(Traffic Safety)
HB 43 - Requires all vehicle occupants 16 years of age or older to wear a seat belt. Effective 6/30/03. Chapter 90.
Florida - May 2, 2003 Adjournment
Demutualization/Mutual Holding Company
HB 235 - Specifies the distribution of assets upon voluntary dissolution or merger of domestic mutual holding companies and of the equity share of each member upon conversion into a stock company. Effective 6/2/03. Chapter 76.
Fraud
SB 1694 - Enacts the Pete Orr Insurance Anti Fraud Act to amend state laws related to insurance fraud including operating without a valid certificate of authority, giving department fraud investigative staff law enforcement authority, and addressing fraudulent activities related vehicle parts and repairs. Effective 7/1/03. Chapter 148.
Insurance Scoring
SB 40a - Establishes restrictions on the use of credit information in the underwriting process. Effective 6/26/03. Chapter 407.
SB 42a - Exempts insurance credit scoring methodologies and data from the open records laws. Effective 1/1/03. Chapter 408.
Investment Tax Credits
SB 1176 - Specifies the allocative reporting requirements for employee salaries relative to the premium tax credit. Effective 6/25/03. Chapter 254.
Omnibus Insurance Law Changes
HB 513 - Enacts numerous changes to the state's insurance laws pertaining to form or premium payment, alternative dispute resolution, premium finance charges, late filing fees for appointment renewals, temporary licensing, citizenship of licensees, continuing education requirements, appointment of licensees, adjusters, unfair methods of competition, citizens property insurance corporation, waiver of customer liability, lost owners of unclaimed reorganization proceeds, withdrawal or discontinuance of certain coverages, managing general agent fees, independent educational institution self insurance, and insurers subject to administrative supervision. Effective 7/11/03. Chapter 281.
SB 2364 - Enacts numerous changes to the state's insurance laws pertaining to form of premium payment, licensing application, examination exemptions, continuing education requirements, appointment by insurers, alternative dispute resolution, premium finance charges, unfair trade practices, workers' compensation guaranty fund, late filing fees for appointments. Effective 6/26/03. Chapter 267.
Motor Vehicle Insurance
(Fraud Prevention)
SB 32A - Enacts the Health Care Clinic Act to amend laws governing personal injury protection under motor vehicle insurance including prohibitions on the disclosure of police records, accessibility and prohibitions on commercial use of motor vehicle accident reports, health care clinic standards, when benefits are due, acceptable treatment charges, billing requirements, medical exam reports, minimum benefits, deductibles, and instances of fraud. Effective 10/1/03. Chapter 411.
Workers' Compensation
(Disclosure)
Florida HB 1035 - Authorizes the insurance department to provide confidential investigative information related to employer compliance to law enforcement and administrative agencies and repeals the scheduled exemption of this information from the open records law. Effective 10/1/03. Chapter 106.
(Omnibus Workers' Compensation Law Changes)
50A - Makes numerous changes to the state's workers' compensation laws including definition changes, exemptions for construction industry, coverage requirements, mental and nervous injuries, workplace safety programs, prohibited activities, fraud reports, departmental enforcement powers, duty of employer to provide medical services, notice of treatment to carriers, independent medical examinations, expert medical advice, audits, reimbursement allowances, payment of medical fees, practice parameters, standards of care, managed care, compensability for disabilities, occupational diseases, death benefits, resolution of benefit disputes, arbitration, mediation, attorney fees, security for compensation, application for coverage, cancellation, training and education benefits, examination and investigation of carriers, delinquency fees, actuarial peer review, joint underwriting plans, unemployment records, and the anti-fraud investigative unit. Various effective dates. Chapter 412.
(Miscellaneous - Workers' Compensation)
SB 782 - Eliminates the sunset of the Workers' Compensation Administration Trust Fund. Effective 11/4/03. Chapter 208.
Georgia - April 24, 2003 Adjournment
Fraud
HB 236 - Includes insurance fraud within the definition of racketeering under the state's Racketeer Influenced and Corrupt Organizations Act. Effective 5/30/03. Act 97.
HB 598 - Amends the definition of insurance fraud to include specific acts by persons representing insurers not authorized to transact insurance in the state. Effective 6/3/03. Act 276.
Insurance Scoring
HB 215 - Restricts the use of credit information in personal lines underwriting. Effective 7/1/03. Act 79.
Investment Tax Credits
HB 43 - Delays until 1/107, the time at which a certified investor may take up to 10% of the vested tax credits to reduce it's premium tax. Contains numerous provisions, which take effect at different times. Act 343.
Tort Reform
HB 792 - Amends the procedures governing the conduct of civil lawsuits. Effective 7/1/03. Act 363.
Motor Vehicle Insurance
(Miscellaneous)
HB 688 - Regulates security required of vehicle protection warrantors, including provisions required to be included in a warranty reimbursement insurance policy. Effective 1/1/04. Act 290.
HB 191 - Amends reporting requirements for motor vehicle fleet insurance policies. Effective 5/28/03. Act 44.
Workers' Compensation
(Benefits Calculation)
SB 233 - Amends claims resolution procedures and increase maximum temporary disability benefits. Effective 7/1/03. Act 86.
Hawaii - May 1, 2003 Adjournment
Omnibus Insurance Law Changes
HB 1164 - Makes numerous revisions to the state insurance laws pertaining to licensure suspension, certificates of authority, annual and quarterly filings, penalties for failure to remit taxes or file statements, surplus lines broker and managing general agent bond requirements, unauthorized binders, notice of change of legal name, continuing education requirements, errors and omissions policies for managing general agents, electronic notification of liquidation orders. Effective 7/1/03. Act 212.
Idaho - May 3, 2003 Adjournment
Electronic Commerce
SB 1061 - Eliminates inconsistencies between the state Electronic Signatures and Filing Act and the Uniform Electronic Transactions Act. Effective 7/1/03. Chapter 156.
Financial Regulation
HB 59 - Makes minor changes to law regarding insurer investments to clarify that certain loan interest amounts shall not be treated as assets and that insurers may invest in any foreign corporation publicly traded on United States stock exchanges. Effective 4/4/03. Chapter 219.
Privacy/Disclosure
HB 58 - Establishes procedures for sharing of confidential information between government agencies and the National Association of Insurance Commissioners. Effective 7/1/03. Chapter 102.
State Insurance Regulator
HB 60 - Authorizes the insurance department to investigate insurers applying for a certificate of authority. Effective 7/1/03. Chapter 103.
Tort Reform
HB 72 - Establishes rules to govern the resolution of lawsuits involving money judgments of $25,000 or less. Effective 2/27/03. Chapter 29.
HB 92 - Eliminates joint and several liability in pollution and pharmaceutical product liability cases, reduces the cap on noneconomic damages in personal injury cases from $400,000 to $250,000, changes the burden of proof for punitive damages to clear and convincing evidence, and limits punitive damage awards to the greater of $250,000 or three times compensatory damages. Effective 7/1/03. Chapter 122.
Motor Vehicle Insurance
(Traffic Safety)
HB 303 - Requires all vehicle passengers to wear safety restraints. Effective 1/1/03. Chapter 183.
Illinois - June 1, 2003 Adjournment
Insurance Scoring
HB 1640 - Creates the Use of Credit Information in Personal Insurance Act to regulate its use in underwriting and rating of personal lines coverage. Effective 10/1/03. Public Act 0114.
HB 3661 - Amends the Use of Credit Information in Personal Insurance Act (HB 1640) by changing the requirement that insurers treat consumers in the manner approved by the insurance department to the manner filed with the Department of Insurance. Effective 10/1/03. Public Act 93-477.
Privacy/Disclosure
HB 1192 - Requires commercial lines insurers, except workers' compensation insurers, to provide an insured's loss information to the insured's producer at the written request of the insured. Effective 7/10/03. Public Act 93-155.
Structured Settlements
HB 3582 - Creates the Structured Settlement Protection Act to regulate the transfer of structured settlement payment rights. Effective 1/1/04. Public Act 93-502.
Telephone Sales
HB 3407 - Requires telephone solicitors to purchase the do-not-call list and sets forth that calls made to residential subscribers to the do-not-call list represent a violation of the Restricted Call Registry Act. Effective 6/30/03. Public Act 93-49.
Tort Reform
SB 729 - Specifically exempts plaintiffs' employers from the calculation of joint and several liability for medical and medical-related expenses. Effective 6/4/03. Public Act 93-12.
Motor Vehicle
(Fraud Prevention)
HB 3522 - Prohibits auto insurance applicants from providing false addresses and provides for fines. Effective 1/1/04. Public Act 93-269.
(Repair Claims/Shops)
SB 228 - Creates the Automotive Collision Repair Act setting forth disclosure requirements for repair estimates and invoicing practices and outlining unlawful repair practices. Effective 1/1/04. Public Act 93-565.
(Traffic Safety)
HB 499 - Requires persons under the age of 18 years to complete a motorcycle training course as a requisite for operating a motorcycle. Effective 1/1/04. Public Act 93-174.
SB 1199 - Establishes as a bail condition for defendants charged with DUI that they refrain from driving a vehicle unless it is equipped with an ignition locking device. Effective 1/1/04. Public Act 93-184.
SB 52 - Requires child passengers under the age of 8 to be secured in child restraint systems. Effective 1/1/04. Public Act 93-100.
Miscellaneous New Insurance Provisions
HB 3547 - Extends existing restrictions on the denial of coverage for victims of abuse. Effective 1/1/04. Public Act 93-200.
SB 1207 - Modifies the amount of damages payable through arbitration and increases limits related to unreasonable or vexatious delay. Effective 1/1/04. Public Act 93-485.
Indiana - April 27, 2003 Adjournment
Insurance Scoring
SB 178 - Restricts the use of credit information in personal lines property and casualty underwriting. Effective 7/1/03. Public Law 201.
Mutuals and Farm Mutuals
HB 1692 - Amends farm mutual laws. Among other things it creates two separate classes of insurers (extended and standard) and removes geographic boundary restrictions. Effective 7/1/03. Public Laws 129.
Omnibus Insurance Law Changes
HB 1545 - Provides licensing reciprocity for insurance administrators, repeals the requirement for surplus lines producer to be bonded, and clarifies that a notice of nonrenewal is not required when commercial property and casualty or automobile insurers tranfer insureds to an affiliate as a result of a merger, acquisition, or restructuring. Effective 7/1/03. Public Law 160.
Iowa - May 1, 2003 Adjournment
Residual/Non-Standard Market Plans
HB 599 - Creates a FAIR plan, requiring all insurers writing business in the state to become members. 5/9/03. Chapter 119.
Workers' Compensation
(Benefits Calculation)
HB 225 - Increases maximum burial expenses from $5,000 to $7,500 and extends sunset date for the second injury fund surcharge, among other things. Effective 7/1/03 (7/1/08 for sunset of second injury fund surcharge.) Chapter 140.
Kansas - May 29, 2003 Adjournment
Financial Regulation
SB 26 - Re-authorizes the National Association of Insurance Commissioners risk-based capital instructions. Effective 4/20/03. Chapter 21.
Insurance Scoring
HB 2071 - Imposes several requirements on an insurer's use of credit information in the underwriting of personal property and casualty insurance. Effective 4/20/03. Chapter 88.
Workers' Compensation
(Reporting Requirements)
SB 133 - Removes the reporting requirement for open claim data. Effective 4/20/03. Chapter 22.
Kentucky - March 25, 2003 Adjournment
Electronic Commerce
Kentucky SB 153 - Allows policies to be electronically delivered upon agreement between insured and insurer. Effective 6/24/03. Chapter 85.
Workers' Compensation
(Regulatory Authority Commission/Board)
HB 397 - Clarifies that the state Employers' Mutual Insurance Authority does not need to appoint agents. Effective 6/24/03. Chapter 168.
(Miscellaneous Workers' Compensation)
HB 115 - Requires applicants for electrical contractor licenses to verify compliance with workers' compensation laws and to obtain general liability coverage of no less than $500,000. Chapter 119.
Louisiana - June 23, 2003 Adjournment
Foreign Insurers
HB 1477 - Amends laws governing certification of foreign insurers. Effective 8/15/03. Act 130.
Fraud
SB 923 - Creates the Uniform Fraudulent Transfer Act to provide remedies and protections with respect to insolvent debtors. Effective 8/15/03. Act 552.
Insurance Scoring
HB 1448 - Imposes several requirements on an insurer's use of credit information in the underwriting of personal insurance. Effective 8/15/03. Act 1.
Licensure
SB 229 - Enables a licensed agent or broker to receive four continuing education credits for being a member and active participant in a state or national insurance association. Effective 8/15/03. Act 65.
Mold
HB 1328 - Requires the licensure and regulation of all persons engaged in the practice of mold assessment and mold remediation. Effective 8/15/03. Act 880.
HB 1681 - Requires the Real Estate Commission to produce a mold information pamphlet, the distribution of which precludes a realtor from providing further mold information to a buyer. Specifies that a realtor is not responsible for pamphlet errors if they did not know of them or if they were based on information provided by the commission, a public agency or a qualified expert. Effective 7/2/03. Act 1123.
Rates and Forms
HB 1508 - Creates the Office of Property Casualty to facilitate the functions of the Insurance Rating Commission. Effective 8/15/03. Act 456.
SB 721 - Provides a more flexible rating system by exempting rate increases or decreases of 10% or less from the review and approval of the state rating commission, but limits the commission's approval of rate increases to not more than once per rate classification per year. Effective 1/1/04. Act 351.
Residual (Non-Standard) Market Plans
HB 1788 - Requires property insurers to participate in the Coastal and FAIR plans as a condition of authority to do business in the state. Effective 8/15/03. Act 1133.
Telephone Sales
HB 150 (SB 909) - Prohibits solicitations of wireless telephone subscriber residing in the state. Effective 8/15/03. Act 991.
SB 843 - Repeals the five dollar fee for participation in the state's Telephone Solicitation Relief Act. Effective 8/15/03. Act 836.
Tort Reform
HB 2008 - Establishes grounds for waivers of petit jury service, postponement and for establishment of a lengthy trial fund.
Motor Vehicle Insurance
(Miscellaneous)
HB 1686 - Prohibits rate increases for student drivers tied to disciplinary actions. Effective 1/1/04. Act 732.
Workers' Compensation
(Penalties)
SB 819 - Requires employers or their insurer to provide medical benefit payments and imposes penalties for failure to do so. Effective 8/15/03. Act 1204.
(Regulatory Authority - Commission/Board)
HB 282 - Previously, the Louisiana Constitution held that one twelve Workers' Compensation Corporation Board members be a licensed agent. This law narrows the field to a list of three such licensed agents submitted by the board of directors. This law also removes the insurer representative and mandates two board members representing the state. Effective 6/3/03. Act 1294.
Miscellaneous New Insurance Provisions
HB 224 - Requires trust companies to be insured. Effective 6/27/03. Act 573.
SB 150 - Provides that contingency fee arrangements between insurers and adjusters are contrary to public policy and are null and void. Effective 8/15/03. Act 148.
Maine - June 14, 2003 Adjournment
Financial Regulation
SB 522 - Permits the creation of special purpose reinsurance vehicles. Effective 9/12/03. Public Law 249.
Insurance Scoring
HB 362 - Provides for and regulates the use of consumer credit reports to calculate an insurance score for underwriting and rating purposes. Effective 9/12/03. Public Laws 223.
Reinsurance
HB 1095 - Excludes obligations of insolvent insurers related to reinsurance contracts from the state loss claim requirements. Effective 90 days after adjournment. Public Law 202.
State Insurance Regulator
SB 510 - Authorizes the superintendent of insurance to adopt rules to establish fees/fee caps under the state insurance code. Effective 9/12/04. Public Law 203.
Telephone Sales
SB 113 - Prohibits telemarketers from using blocking devices to conceal their numbers from caller identification. Effective 1/29/04. Public Law 70.
Tort Reform
HB 835 - Provides that prejudgment interest not be awarded in small claims cases unless the interest rate is contractually provided for. In all other civil actions, prejudgment interest may be recovered at the Treasury rate plus 3%. When prejudgment interest is awarded, the interest rate must be contained in the judgment. Effective 7/1/03. Public Law 460.
Motor Vehicle Insurance
(Traffic Safety)
SB 477 - Amends licensing requirements for drivers under the age of 21. Effective 9/12/03. Public Law 286.
(Miscellaneous)
HB 12 - Increases the number of accidents permitting non-renewal be increased by one in households with more than one driver. Effective 9/12/03. Public Law 26.
Workers' Compensation
(Assessment)
SB 21 - Increases the assessment on workers' compensation coverage. Effective 7/1/03. Public Law 425.
(Benefits Calculation)
HB 368 - Amends the definition of average weekly wages, earnings or salary. Effective 9/12/03. Public Law 437.
(Regulatory Authority - Commission/Board)
HB 17 - Grants the workers' compensation board latitude to extend partial incapacity benefits. Effective 9/12/03. Public Law 52.
SB 135 - Authorized the workers' compensation board to issue rules requiring notice of injury reports be filed electronically. Effective 9/12/03. Public Law 471.
Maryland - April 7, 2003 Adjournment
Residual (Non-Standard) Market Plans
HB 1153 - (FAIR plan) Increases property coverage that can be written by the Joint Underwriting Association (JUA) from $500,000 to $1.5 million on real or personal property comprised of or contained in a single building. Effective 10/1/03. Chapter 355. Chapter 355.
Motor Vehicle Insurance
(Miscellaneous)
HB 641 - Requires the insurance commissioner to adopt regulations for the settlement of claims involving the valuation of motor vehicles. Effective 10/1/03. Chapter 439.
SB 193 - Requires intersections monitored by traffic control monitoring systems to maintain yellow lights in accordance with Federal Highway Administration guidelines. Effective 10/1/03. Chapter 218.
Workers' Compensation
(Miscellaneous)
SB 85 - Exempts the Injured Workers' Insurance Fund from the excessive premium growth charge and other penalties tied to premium growth in risk based capital calculations. This exemption terminates on January 1, 2005. Effective 10/1/03. Chapter 60.
Massachusetts - January 6, 2003 Adjournment
Michigan - January 14, 2003 Adjournment
Mutuals and Farm Mutuals
HB 4311 - Creates a farm produce insurance authority and fund, financed through assessments on grain dealers. Effective 11/10/03. Public Act 198.
Telephone Sales
SR 164 - Encourages adoption of the federal do-not-call list. Adopted 10/2/03.
Terrorism
HB 4432 - Allows insurers to exclude coverage for fire following an act of terrorism. Effective 5/29/03. Public Act 11.
Minnesota - May 19, 2003 Adjournment
Guaranty Fund
HB 946 - Amends various provisions related to the state's guaranty fund. Effective 5/23/03. Chapter 74.
Terrorism
Minnesota HB 267 - Provides that losses caused by terrorism are not covered in a commercial property insurance policy, unless an endorsement is attached to the policy specifically covering losses caused by terrorism. Effective 4/8/03. Chapter 10.
Tort Reform
Minnesota SB 872 - Amends criteria for being held jointly liable. Several liability exists, except that the following persons may be held jointly liable: a person whose fault is greater than 50%; two or more persons who act in a common scheme or plan that results in injury; a person who commits an intentional tort; or a person whose liability arises under specified chapters of the Minnesota Statutes. Effective 8/1/03. Chapter 71.
Mississippi - April 6, 2003 Adjournment
Financial Regulation
HB 688 - Provides specifications as to how domestic insurers may invest their assets. Effective 7/1/03. Chapter 414.
Foreign Insurers
SB 2261 - Requires foreign insurers to include their articles of incorporation and bylaws in the filings made with the insurance commissioner before conducting business in Mississippi. Effective 7/1/03. Chapter 347.
Guaranty Fund
HB 946 - Amends various provisions related to the state's guaranty fund. Effective 5/23/03. Chapter 74.
Regulatory Filings
HB 692 - Requires new domestic insurers to file quarterly financial statements. Effective 7/1/03. Chapter 384.
Residual (Non-Standard) Market Plans
HB 1113 - Creates the Residential Property Insurance Underwriting Association as a residual market for residential property coverage. Effective 7/1/03. Chapter 533.
SB 2628 - Creates the Medical Malpractice Insurance Availability Act to establish a residual market for medical malpractice insurance. 4/24/03. Chapter 560.
Telephone Sales
SB 2445 - Creates the Telephonic Solicitation Act to restrict telephone solicitations. Effective 7/1/03. Chapter 478.
Workers' Compensation
(Self-Insurers)
HB 1305 - Makes the Mississippi Workers' Compensation Self-Insurer Guaranty Association the guarantor of the obligations of self-insurers in default. Effective 7/1/03. Chapter 553.
Miscellaneous New Insurance Provisions
SB 2268 - Eliminates the requirement that insurance agents exhibit on demand their company appointment certificate when soliciting insurance for an insurer. Effective 7/1/03. Chapter 419.
Missouri - May 30, 2003 Adjournment
Workers' Compensation
(Miscellaneous Workers' Compensation Law Changes)
SB 385 - Establishes that when calculating taxes for workers' compensation policies with deductible options, the premiums the taxes are based on are the premiums that have been paid in the absence of the deductible option. Effective 8/28/03.
Montana - April 26, 2003 Adjournment
Captives
HB 179 - Provides rules to govern the formation and operation of captive insurance companies. Effective 4/18/03. Chapter 383.
Licensure
HB 169 - Amends various producer licensing provisions pertaining to inactive status for producers entering military service; background examinations; rental car insurance; sale of bail bonds; renewal of nonresident insurance producer licenses; revocation of bond requirements for surplus lines producers; license fees; definitions; licensing requirements; adjuster's licenses; suspension of licenses; and lapsed licenses. Effective 7/1/03. Chapter 427.
Mold
HB 536 - Requires sellers, landlords or their agents with knowledge that a building has mold present to disclose to the buyer or renter the presence of the mold prior to or upon entry into a contract for the purchase, rent, or lease of the property. Effective 5/5/03. Chapter 584.
Notification Requirements
SB 341 - Requires insurers to provide certain notice to policyholders of cancellation or nonrenewal of a policy. Effective 10/1/03. Chapter 339.
Omnibus Insurance Law Changes
HB 145 - Revises numerous sections of the state insurance laws pertaining to the transfer of securities, capital and surplus requirements for surplus lines insurers, the reporting of acquisition of equity security, formation of farm mutual insurers, policies issued in connection with an exchange or a conversion, and fraud. Effective 10/1/03. Chapter 380.
Privacy/Disclosure
HB 205 - Outlines changes to Montana's insurance privacy laws including exceptions to health insurance portability and accountability act of 1996 guidelines, state privacy law controls, medical record disclosure notification and permitted disclosures. Effective 4/17/03 and 1/1/04. Chapter 385.
Rates and Forms
HB 588 - Restricts midterm rate increases or coverage decreases on P/C policies under certain circumstances. Effective 10/1/03. Chapter 501.
Telephone Sales
HB 424 - Establishes a telephone solicitation no-call list. Effective 7/1/03. Chapter 589.
Tort Reform
SB 363 - Limits punitive damage awards to no more than $10 million or 3% of a defendant's net worth, whichever is less. Not applicable to class actions. Effective 10/1/03. Chapter 457.
Workers' Compensation
(Covered Claims/Injuries)
HB 410 - Addresses benefits for injuries that occur while an employee is traveling. Effective 4/21/03. Chapter 435.
(Studies)
SB 304 - Appoints a committee to study the feasibility of selling the state compensation insurance fund and the creation of an assigned risk pool. Effective 5/9/03. Chapter 598.
(Omnibus Workers' Compensation Law Changes)
SB 108 - Makes numerous revisions to the state's workers' compensation laws. Effective 7/1/03. Chapter 193.
Miscellaneous New Insurance Provisions
HB 130 - Revises laws governing the timely payment of insurance claims to require insurers pay or deny claims within 30 days after receipt of a proof of loss unless the insurer makes a reasonable request for additional information to evaluate the claim. Effective 10/1/03. Chapter 378.
Nebraska - May 30, 2003 Adjournment
Insurance Scoring
L 487 - Prohibits insurers from making underwriting and rating decisions for personal lines policies solely on the basis of credit information. Effective 8/31/03.
Motor Vehicle
(Accident Reporting)
L 185 - Raises the threshold for mandatory reporting of a property damage motor vehicle accident and for posting security for financial responsibility. Effective 1/1/04.
Omnibus Insurance Law Changes
L 216 - Amends numerous insurance laws including provisions related to filing of financial statements, approval and filing of property and casualty insurance forms, and insurer investments, among other things. Effective 8/31/03.
Nevada - June 3, 2003 Adjournment
Insurance Scoring
Nevada SB 319 - Provides rules governing the use of credit scoring in personal lines of insurance. The law also addresses legal signature, the refund of assessments by the Division of Industrial Relations, and studies by the Commissioner of Insurance. Effective 7/1/03 and 10/1/03. Chapter 455.
Omnibus Insurance Law Changes
AB 453 - Makes numerous changes to the state's insurance laws including, among other things, expansion of the authority of the insurance commissioner to enter into cooperative agreements with government entities and to share certain information as part of any cooperative agreement. Signed into law 6/11/03.
Rates and Forms
SB 250 - Requires filing and approval of rates under certain circumstances. Effective 6/12/03 and 7/1/03. Chapter 508.
Structured Settlements
AB 166 - Provides rules to regulate the transfer of rights and payments under structured settlements. Effective 10/1/03. Chapter 304.
Motor Vehicle Insurance
(Repairs Claims/Shops)
AB 367 - Provides that insureds have the right to have repairs done at a repair shop of their choice. Effective 10/1/03. Chapter 87.
Salvage
AB 325 - Establishes rules to govern the transfer or total loss of salvage vehicles. Effective 10/1/03. Chapter 339.
Workers' Compensation
(Assessments)
SB 193 - Provides that an assessment be made against all industrial insurers to fund payments to certain persons entitled to receive permanent total disability. Effective 6/10/03. Chapter 452.
(Benefits Calculation)
AB 206 - Establishes rules to govern deductions in payments for permanent partial disability benefits. Effective 7/1/03. Chapter 72.
AB 438 - Provides for an annual increase in permanent total disability benefits. Effective 1/1/04. Chapter 77.
(Omnibus Workers' Compensation Law Changes)
Nevada SB 320 - Amends provisions of workers' compensation law pertaining to: evaluation of impairment; subsequent injuries and pre-existing conditions; the payment of accident benefits; and the request of a hearing before a hearing or appeals officer. Effective 6/9/03. Chapter 395.
(Miscellaneous Workers' Compensation Law Changes)
AB 294 - Prohibits issuance of benefit checks for permanent total disability that includes restrictive endorsements. Effective 7/1/03. Chapter 23.
New Hampshire - September 4, 2003 Adjournment
Guaranty Fund
SB 178 - Excludes guaranty fund coverage for claimants with net worth in excess of $25 million. Effective 8/23/03. Chapter 184.
Omnibus Insurance Law Changes
HB 460 - Amends numerous insurance laws including provisions related to fire insurance contracts, managing general agents, governmental liability and terrorism exclusions. Effective 1/1/04. Chapter 144.
Rates and Forms
HB 684 - Amends laws regulating rate and form approval to, among other things, exempt large commercial insureds from the state rate and form approval requirements. Effective 1/1/04. Chapter 150.
Telephone Sales
SB 98 - Prohibits telemarketers from calling individuals listed on the federal do-not-call list. Effective 9/16/03. Chapter 303.
Workers' Compensation
(Benefits Calculation)
SB 174 - Requires the average weekly wage of the employee at the time of injury to be used when calculating payments for permanent disability. Effective 9/13/03. Chapter 269.
New Jersey - January 13, 2004 Adjournment
Rates and Forms
AB 2964 - Deletes existing provisions of law pertaining to surplus lines policy form regulation. Effective 9/12/03. Chapter 179.
Telephone Sales
AB 727 - Prohibits telemarketers from making unsolicited calls to certain individuals. Effective 5/21/03. Chapter 76.
Terrorism
AB 1651 - Prohibits a financial institution from withdrawing or disposing of funds or assets relating to terrorism until further order of the court. Effective 2/27/03. Chapter 22.
Tort Reform
SB 63 - Applies existing collateral source reimbursement provisions to the newly created Special Auto Insurance Policy.
Motor Vehicle Insurance
(Miscellaneous)
SB 63 - Makes numerous changes to automobile insurance laws and the unsatisfied claim and judgment fund. Chapter 89.
Miscellaneous New Insurance Laws
AB 3319 - Provides protection for certain insurance producers where an insurance company is transferring business to another insurance company. Effective 8/15/03. Chapter 153.
New Mexico - March 24, 2003 Adjournment
Omnibus Insurance Law Changes
SB 557 - Makes numerous changes to the state's insurance laws including record retention requirements, licensing procedures for agents and rate filing procedures. Effective 6/20/03. Chapter 202.
Tax Issues
HB 420 - Increases the premium tax from 3% to 3.003%. Effective 7/1/03. Chapter 14.
SB 331 - Provides revisions to the exemptions from the premium tax to exempt insurance purchased by the state or a political subdivision for their active or retired employees. Effective 3/20/03. Chapter 58.
Telephone Sales
SB 573 - Allows consumers to register through a toll free number for the do-not-call registry. Effective 7/1/03. Chapter 167.
Motor Vehicle Insurance
(Commercial Coverage)
HB 347 - Applies the definition of commercial motor carrier vehicle to the Motor Carrier Safety Act. Effective 7/1/03. Act 10.
(Traffic Safety)
HB 117 - Provides increased penalties for habitual DUI offenders. Effective 3/28/03. Chapter 90.
HB 250 - Establishes blood alcohol limits for commercial drivers and all drivers. Effective 3/19/03. Chapter 51.
SB 266 - Creates the interlocking devices fund to cover costs of installing, leasing and removing such devices for indigent people. Effective 3/28/03. Chapter 92.
SB 501 - Establishes requirements for an ignition interlock license. Effective 4/6/03. Chapter 239.
(UI/UIM)
HJM 87 - Directs interim study committee review of issues surrounding uninsured motorists. Adopted 3/21/03, Laws of 2003.
(Miscellaneous)
HB 108 - Establishes coverage and limitation requirements for motor vehicle policies, requiring policies insure against loss, the person named in the policy and anyone using a motor vehicle with the insured's permission. Effective 6/20/03. Chapter 171.
HB 346 - Repeals laws relating to vehicles used for the transport of explosives or other dangerous articles. Effective 6/20/03. Act 173.
Workers' Compensation
(Benefits Calculation)
HB 501 - Amends the definition of permanent total disability benefits and increases the limit on attorney fees for workers' compensation claims. Effective 6/20/03. Chapter 265.
(Miscellaneous)
SB 823 - Exempts a fiscal intermediary from liability as an employer for wrongful acts committed by personal care attendants. Effective 6/20/03. Act 207.
New York - January 7, 2004 Adjournment
Captives
AB 8592 - Permits the creation of captive companies to provide coverage only for liability related to activities in or near the world trade center in response to 9/11/. Effective 7/22/03. Chapter 188.
Financial Regulation
SB 3878 - Extends the use of derivatives until June 30, 2005. Effective 7/1/03. Chapter 95.
Licensure
SB 5729 - Amends producer licensing requirements. Signed into law 10/21/03.
Mutuals and Farm Mutuals
SB 4454 - Reduces the number of board members required for incorporation of mutual companies. Effective 9/17/03. Chapter 532.
Notification Requirements
SB 4633 - Requires a notice of cancellation for non-payment of premium on auto or personal lines contain the amount due. Signed into law 10/15/03. Chapter 675.
Tax Issues
AB 2106 - State budget includes provisions replacing the franchise tax with a 2% premium tax. Effective 1/1/03.
Telephone Sales
SB 5484 - Permits the transfer of contents of the state no-call registry to the federal registry. Effective 6/30/03. Chapter 124.
Motor Vehicle Insurance
(Fraud Prevention)
AB 8671 - Extends pilot program to prevent auto theft and insurance fraud, requiring mandatory surcharges and victim assistance fees be paid for traffic interactions under the vehicle and traffic laws. Effective 9/1/05. Chapter 261.
Workers' Compensation
(Disclosure)
SB 5624 - Expands the list of authorized parties to whom workers' compensation records may be disclosed. Effective 10/20/03.
Miscellaneous New Insurance Provisions
AB 8021 - Requires wrongful death actions related to the events of 9/11 to be commenced within 2.5 years after death occurred. Effective 7/1/03. Chapter 114.
SB 5700 - Extends the provisions of the property casualty availability act to 4/30/04. Effective 6/26/03. Chapter 85.
North Carolina - September 16, 2003 Adjournment
Guaranty Fund
HB 1093 - Creates an exemption from the state guaranty association coverage for claimants with a net worth of $50 million. Effective 6/10/03. Chapter 167.
Insurance Scoring
SB 771 - Restricts the utilization of credit scores by private passenger and residential insurers. Effective 1/1/04. Chapter 216.
Omnibus Insurance Law Changes
HB 276 - Makes numerous changes to the state's insurance laws including deposits required of foreign insurers, valuation of assets, guaranty capital for domestic mutual companies, and directed suretyship. Effective 10/1/03. Chapter 212.
Rates and Forms
SB 769 - Authorizes the state underwriting association to establish rate setting approval procedures for the Beach Plan Homeowners Policy and creates incentives for beach and coastal homeowners. Effective 6/5/03. Chapter 158.
Regulatory Filings
HB 283 - Specifies the type of paper to be used by insurers submitting required information to the department of insurance. Effective 10/1/03. Chapter 290.
Telephone Sales
SB 872 - Restricts telephone solicitations. Effective 10/1/03. Chapter 411.
Motor Vehicle Insurance
(Repair Claims/Shops)
HB 986 - Requires disclosure of an insurer's financial interest in a recommended repair shop. Effective 8/7/03. Chapter 395.
SB 558 - Amends laws governing total loss and repair of vehicles. Effective 12/1/03. Chapter 258.
(Traffic Safety)
HB 358 - Provides specific definitions, under the Safe Driver Incentive Plan, for major accident, minor accident, and intermediate accident. Effective 1/1/04. Chapter 37.
(UI/UIM)
HB 1023 - Amends UI/UIM laws. Effective 1/1/04. Chapter 311.
Workers' Compensation
(Self-Insurers)
SB 471 - Increases the guaranty association assessment and required deposits for self insurers. Various Effective Dates. Chapter 115.
North Dakota - April 25, 2003 Adjournment
Foreign Insurers
HB 1140 - Exempts foreign insurers from examination if the commissioner finds an examination was performed by a state that was previously accredited by the National Association of Insurance Commissioners but has lost its accreditation, provided the state's consumer protections laws are equal to North Dakota's. Allows the term of existence for mutual companies to be perpetual, rather than 30 years and amends the process for filing articles of incorporation. Effective 8/1/03.
Fraud
HB 1231 - Creates the North Dakota Insurance Fraud Unit the insurance department. Effective 8/1/03.
Insurance Scoring
HB 1260 - Establishes restrictions of the use of credit history for rating and underwriting. Effective 8/1/03.
Licensure
SB 2123 - Amends laws pertaining to surplus lines insurers to modify the insurance commissioner's authority such that rather than being required to revoke the license of a surplus lines producer who fails to make and file the annual statement or to pay taxes, the commissioner may revoke or suspend the license. Effective 8/1/03.
Notification Requirements
HB 1142 - Requires insurers provide written notification to the commissioner of plans to cease writing and renewing a property and casualty coverage before notifying agents and stockholders. Effective 8/1/03.
SB 2238 - Requires insurers to provide notice to an insured after determining an automobile with physical damage coverage has incurred a total loss and continuing to write comprehensive and collision coverage on that automobile. Effective 8/1/03.
Privacy/Disclosure
HB 1179 - Prohibits insurers from disclosing to a nonaffiliated third party any nonpublic personal information contrary to title V of the Gramm-Leach-Bliley Act contrary to the rules adopted by the commissioner. Effective 8/1/03.
Regulatory Filings
SB 2121 - Authorizes the commissioner to designate the National Association of Insurance Commissioners as the repository for annual statement filings. Effective 8/1/03.
Reinsurance
HB 1141 - Requires domiciled insurers to report any new ceded reinsurance agreements to the commissioner. Effective 8/1/03.
Residual (Non-Standard) Market Plans
SB 2251 - Allows the commissioner to create a property insurance placement facility for residents unable to obtain coverage in the standard market. Effective 8/1/03.
State Insurance Regulator
HB 1137 - Requires insurers to reply to insurance commissioner inquiries regarding the company's activities within 20 days unless an extension is requested and granted. Effective 8/1/03.
HB 1264 - Prohibits writing controlled business and prohibits the commissioner from granting or renewing any license if they determine it will be used to write controlled business. Effective 8/1/03.
SB 2205 - Authorizes the commissioner to grant extensions and waive related penalties for annual report filing. Effective 8/15/03.
Telephone Sales
SB 2255 - Prohibits the use of automatic dial/announcement devices unless approved by a subscriber and prohibits calls to subscribers of the state do-not-call list. Effective 8/1/03. Chapter 438.
Motor Vehicle Insurance
(Proof of Coverage)
HB 1238 - Establishes that drivers have the burden of establishing time of acquisition of insurance coverage regarding charges of driving without a valid insurance policy in effect. Effective 8/1/03.
(Traffic Safety)
HB 1193 - Provides that evidence of failure to wear a seat belt does not represent negligence. Effective 8/1/03.
(UI/UIM)
HB 1190 - Provides that in any claim for uninsured or underinsured motorist benefits, the insured and the insurer each bear responsibility for their own attorney's fees incurred unless the insurance contract specifically provides otherwise. Effective 8/1/03.
(Miscellaneous)
SB 2262 - Provides for a legislative study of motor vehicle insurance systems. Effective 8/1/03.
SB 2275 - Raises the dollar threshold (from $5,000 to $10,000) for coordination of benefits for automobile accidents. Effective 8/15/03.
Workers' Compensation
(Miscellaneous)
HB 1149 - Provides that a partner of a limited liability partnership may be held personally liable for failure to pay workers' compensation premiums or file premium reports with the workers' compensation bureau, among other things. Effective 3/12/03.
Ohio - December 31, 2003 Adjournment
Foreign Insurers
HB 137 - Establishes provisions to regulate appointment of agents by foreign insurers. Effective 10/29/03. Session Law 28.
Oklahoma - May 30, 2003 Adjournment
Insurance Scoring
SB 539 - Restricts an insurer's utilization of credit information for underwriting of personal and commercial coverage. Effective 11/1/03.
Mold
HCR 1011 - Creates the Joint Task Force on Mold Remediation. Adopted 5/23/03 laws of 2003.
Rates and Forms
HB 1721 - Allows insurers to lower rates by more than 15% without prior approval. Effective 11/1/03.
Tax Issues
HB 1658 - Establishes procedures for obtaining a refund for erroneously paid premium taxes. Effective 11/1/03.
Telephone Sales
HB 1271 - Renders the no-call registry privileged and confidential. Effective 6/3/03. Chapter 357.
Miscellaneous New Insurance Provisions
HB 1273 - Requires that if an insurer pays the total loss of a motor vehicle to a third party claimant, then it must include any registered lien holder as co-payee to the extent of his or her interest and allows the insurance commissioner to approve any form of policy with variations from the standard fire insurance policy. Effective 11/1/03. Chapter 358.
Oregon - August 27, 2003 Adjournment
Building Codes
Oregon HB 2564 - Provides rules to govern the licensing of building code trade. Effective 1/1/04. Chapter 136.
Financial Regulation
Oregon HB 2623 - Changes the composition of the deposit insurers are required to place with the state. Effective 1/1/04. Chapter 123.
Guaranty Fund
Oregon HB 3051 - Requires insurers subject to the guaranty fund assessment to recoup assessments through an assessment imposed on net direct written premium. Effective 10/27/03. Chapter 568.
Insurance Scoring
Oregon SB 260 - Provides rules to govern the use of credit scoring by personal lines insurers. Effective 1/1/04. Chapter 788.
Licensure
Oregon SB 253 - Amends producer licensing requirements. Effective 1/1/04. Chapter 364.
Omnibus Insurance Law Changes
Oregon HB 2278 - Makes several changes to the state's insurance laws related to the handling of complaints, certificates of exemption and the timeline for review of all mergers and acquisitions. Effective 1/1/04. Chapter 802.
Motor Vehicle Insurance
(PIP)
Oregon HB 3668 - Raises the liability coverage required for PIP benefits. Effective 1/1/04. Chapter 813
(Proof of Coverage)
Oregon SB 247 - Repeals the authority to use bonds or cash deposits to meet motor vehicle financial responsibility requirements and makes other changes related to surety. Effective 1/1/04. Chapter 175.
(UI/UIM)
Oregon HB 2925 - Establishes a 60-day time period for signing an election of lower limits for uninsured motorist coverage. Effective 1/1/04. Chapter 220.
(Miscellaneous)
Oregon SB 246 - Clarifies the Department of Transportation's responsibilities under the Motor Vehicle Code relative to the filing of a certificate of insurance such that the Department does not make the determination as to whether the certificate of insurance covers all vehicles or contains required coverage. Effective 1/1/04. Chapter 174.
Oregon HB 2043 - Allows a credit against corporate income or excise tax for corporations that provide vehicle insurance under a mile or time-based rating plan. Effective on 91st day after adjournment. Chapter 545.
Oregon SB 602 - Eliminates rules governing which insurance is primary when a person lends, rents, donates the use of, makes available for test drive, or otherwise provides a motor vehicle to another person in the course of business. Effective 1/1/04.
Workers' Compensation
(Benefits Calculation)
Oregon SB 757 - Modifies the calculation of workers' compensation permanent partial disability benefits. Effective 1/1/04. Chapter 657.
(Reporting Requirements)
Oregon SB 914 - Requires the Director of the Department of Consumer and Business Services to administer supplemental temporary disability benefits in certain workers' compensation claims and modifies reporting requirements for workers' compensation claims by an insurer and a self-insured employer. Effective 1/1/04. Chapter 760.
(Self-Insurers)
Oregon SB 749 - Allows private community care providers to participate in the workers' compensation self-insurance pool established in 1999. Effective 6/17/03. Chapter 413.
(Regulatory Authority - Commission/Board)
Oregon SB 286 - Establishes requirements for the panels of the workers' compensation board. Effective 1/1/04. Chapter 365.
(Miscellaneous)
Oregon HB 3669 - Allows certified nurse practitioners to provide compensable medical services for 90 days from first visit on a workers' compensation claim and to authorize temporary disability benefits for 60 days from first visit on a workers' compensation claim. Effective 1/1/04. Chapter 811.
Miscellaneous New Insurance Provisions
Oregon SB 297 - Requires insurers to pay all sums covered by a general liability policy unaffected by other insurance that may provide coverage for the same environmental claim. Effective 1/1/04. Chapter 799.
Pennsylvania - January 6, 2003 Adjournment
Telephone Sales
HB 276 - Prohibits unwanted telephone solicitations. Effective 9/12/03. Act 22-2003.
Motor Vehicle Insurance
(Traffic Safety)
SB 8 - Reduces the blood alcohol content from 10% to .08% at which a person is presumed to be DUI. Provides that an ignition interlock device is required for second or subsequent offenses and creates three categories of DUI offense, stipulating that minors may not drive with a BAC of .02% or higher, and prohibits driving under the influence of controlled substances. Effective 9/30/03. Act 24-2003.
Rhode Island - July 2, 2003 Adjournment
Insurance Scoring
HB 5362 and SB 137 - Restricts the use of credit information for personal insurance. Effective 1/1/04. Public Law 316.
Licensure
HB 6019 and SB 435 - Amends reciprocity standards to waive requirements for a person applying for a nonresident license who already has a valid license in his home state, other than the requirements addressing nonresident licensing, if the applicant's home state awards nonresident licenses to residents of Rhode Island under the same circumstances. Effective 7/1/03. Public Law 80.
Mold
SB 983 - Creates a Senate commission to study the effects of toxic mold. Effective 5/8/03. Resolution 185.
Notification Requirements
HB 5063 and SB 431 - Removes the certified mail notification requirement for cancellation of a fire insurance policy. Effective 7/3/03. Public Law 104.
HB 5901 - Governs the process under which insurers may nonrenew insurance policies and provide notification of premium or coverage changes. Effective 7/17/03. Public Law 251.
Residual (Non-Standard) Market Plans
HB 5476 and SB 281 - Increases coverage available under FAIR plans. Effective 1/1/04. Public Law 357.
Motor Vehicle Insurance
(Aftermarket Parts)
HB 6066 and SB 22 - Establishes standards for the use of aftermarket parts. Effective 7/17/03. Public Law 239.
(Traffic Safety)
SB 457 - Prohibits the automatic dismissal of charges for failure to wear seat belts for persons under the age of 16. Effective 7/1/03. Public Law 160.
HB 5159 - Expands requirements necessary for minors to obtain provisional driver's licenses. Effective 7/17/03. Public Law 323.
HB 5452 and SB 249 - Increases DUI penalties. Effective 7/2/03. Public Law 87.
(Miscellaneous)
SB 668 - Establishes limits on the liability of lessors of short and long term rental vehicles. Effective 7/7/03. Public Law 117.
HB 5368 and SB 280 - Allows vehicle insurance to paid in monthly installments. Effective 1/1/04. Public Law 315.
Workers' Compensation
(Benefits Calculation)
SB 626 - Amends various provisions of the state's workers' compensation laws including the immediate payment of benefits when two or more insurers are liable. Effective 7/31/03. Public Law 395.
HB 5600 - Amends workers' compensation laws related to disfigurement benefits. Effective 7/31/03. Public Law 388.
Miscellaneous New Insurance Provisions
HB 6021 and SB 433 - Establishes provisions to govern premium finance agreements. Effective 7/1/03. Public Law 82.
South Carolina - June 5, 2003 Adjournment
Building Codes
South Carolina SB 449 - Authorizes the South Carolina Building Codes Council to review and adopt building codes and removes that responsibility from municipalities and counties, while maintaining municipal and county responsibility for enforcement of those codes. Effective 7/2/03. Chapter 83.
Demutualization/Mutual Holding Company
South Carolina HB 3575 - Specifies that unclaimed property payable or distributable in the course of a demutualization is presumed abandoned five years after the earlier of either the last contact with the policyholder or when the property became payable or distributable. Effective 6/13/03. Act 58.
Omnibus Insurance Law Changes
South Carolina SB 549 - Makes numerous changes to the state's workers' compensation laws related to exempt commercial policies, premium taxes, dividends, producer appointments, brokers, state auto insurance plan, worker's compensation fund, proof of financial responsibility for vehicle owners, the wind and hail underwriting association and the second injury fund. Effective 6/25/03. Act 73.
Workers' Compensation
(Penalties)
South Carolina HB 3231 - Amends laws governing operation of motor vehicles while intoxicated and authorizes the worker's compensation commission to double fines and penalties for each violation of the workers' compensation laws. Effective 8/19/03. Act 61.
South Dakota - March 24, 2003 Adjournment
Notification Requirements
HB 1128 - Provides that a notice of refusal to renew a surety policy will not be effective unless it was mailed or delivered by the insurer to the insured at least thirty days prior to the effective renewal date. Effective 7/1/03.
Telephone Sales
SB 33 - Amends the definition of unsolicited consumer call to exempt calls made by licensed insurers in an effort to schedule a face-to-face meeting. Effective 7/1/03. Chapter 212.
SB 41 - Creates the No Solicitation Calls list. Effective 7/1/03. Chapter 238.
Tennessee - May 29, 2003 Adjournment
Demutualization/Mutual Holding Company
Tennessee HB 1552 - Specifies that unclaimed property payable or distributable in the course of the demutualization of an insurance company is presumed abandoned three years after the earlier of the last contact with the policyholder or when the property became payable or distributable. Effective 6/3/03.Chapter 248.
Omnibus Insurance Law Changes
Tennessee HB 2056 - Amends insurance laws governing rate filing fees, notice of nonrenewal, surplus lines premium taxes, and county mutual fire insurance company financial reporting. Effective 5/29/03 and 1/1/04. Chapter 215.
Tort Reform
SB 1687/HB 141 - Limits the amount of an appeal bond to $75 million.
Workers' Compensation
(Omnibus Workers' Compensation Law Changes)
SB 172 - Amends workers' compensation laws governing workers' compensation advisory council, back injuries, statistical data forms, assigned risk multiplier, certificate of self insurance, required notification and loss run history. Effective 6/17/03. Public Chapter 359.
Texas - June 2, 2003 Adjournment
Building Codes
Texas HB 730 - Creates a state construction commission to adopt building standards and address construction defects. Effective 9/1/03. Chapter 458.
Financial Regulation
Texas SB 637 - Makes insurance companies responsible for paying filing fees related to preparation and delivery of information required by the National Association of Insurance Commissioners. Effective 6/20/03. Chapter 863.
Fraud
Texas HB 1838 - Requires defendants convicted of insurance fraud to pay restitution to affected insurers. Effective 9/1/03. Chapter 605.
Guaranty Fund
Texas SB 1192 - Amends the definition of a covered claim under the state's insurance guaranty association. Effective 6/20/03. Chapter 1218.
Mold
Texas HB 329 - Prohibits certain underwriting decisions by residential property insurers based on previous mold claims or damage. Additionally, it establishes license requirements for mold assessment and remediation. Effective 9/1/03. Chapter 205.
Notification Requirements
Texas HB 508 - Changes the time in which an insurer is required to notify a policyholder of a premium rate increase for a group health, life, or accident policy. Effective 9/1/03. Chapter 222.
Texas SB 115 - Requires residential property insurers to provide policyholders with a written notification/explanation of the differences between their previous policy form and the policy form offered to them at the time period of renew. Effective 6/20/03. Chapter 797.
Rates and Forms
Texas SB 14 - Establishes rate and form regulations for personal automobile and residential coverage. Effective 6/11/03 and 12/1/04.
Texas SB 310 - Requires filing of rate information by property casualty insurers. Effective 2/25/03. Chapter 1.
Texas SB 113 - Allows residential property insurers to give discounts to homeowners who have filed no claims in three continuous years of coverage with that company. Effective 6/20/03. Chapter 796.
Texas SB 581 - Allows insurers to provide discounts on homeowners coverage for the use of insulating concrete forms. Effective 9/1/03. Chapter 1180
Residual (Non-Standard) Market Plans
Texas SB 1606 - Changes requirements for establishment of residential property Fair Access to Insurance Requirements Plans. Effective 6/20/03. Chapter 964.
Structured Settlements
Texas HB 1666 - Expands which courts may approve a transfer of payment rights under certain structured settlements. Effective 9/1/03. Chapter 578.
Telephone Sales
Texas HB 147 - Amends the definition of 'telephone call' to include calls made to a mobile telephone number for purposes of registration of 'no-call' lists aimed at blocking telemarketing calls. Effective 6/20/03. Chapter 399.
Texas HB 149 - Deletes the requirement of consumer addresses being included on the Texas no-call list, by instead requiring zip codes. Effective 6/20/03. Chapter 401.