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NAMIC 2006 Survey of New State Insurance Laws Summary and Analysis

2006 SUMMARY OF NEW STATE LAWS - PENNSYLVANIA

Pennsylvania State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 30

68

Workers' Compensation - benefits, claims or treatments

Amends the Workers' Compensation Act of 1915. Relates to the liability of an employer to pay damages for injuries received by an employee in the course of employment. Further provides for the payment of compensation to widows, widowers and children. Effective: July 7, 2006.

HB 1632

78

Unfair practices

Amends the Unfair Insurance Practices Act of 1974. Further defines abuse, unfair methods of competition and unfair or deceptive acts or practices. Includes intentionally causing damage to property to intimidate or control the behavior of another person. Prohibits refusal to pay an insured for losses arising out of abuse under a property and casualty insurance policy if the loss is by the intentional act of another, or to use exclusions or limitations to restrict a victim of abuse or domestic violence. Effective: Aug. 5, 2006.

HB 2738

147

Workers' Compensation -- benefits, claims or treatments

Amends the Workers' Compensation Act. Provides for a schedule of compensation, for definitions relating to procedure and enforcement of standards and processing of claims. Provides for the Workers' Compensation Appeal Board. Further provides for assignment of claims to referees and for counsel fees. Provides for an Uninsured Employers Guaranty Fund. Makes a related repeal. Relates to a resolution hearing procedure established by the Office of Adjudication to provide a venue to a worker's compensation judge. Effective: Varies.

SB 601

60

Identity theft - personal information

Relates to confidentiality of Social Security numbers. Prohibits a person or entity or State agency or political subdivision from publicly posting or publicly displaying in any manner an individual's Social Security number. Makes a related repeal. Provides that a person who receives an annual disclosure from an agency or subdivision has the right to stop use of the Social Security number by submitting a written request. Effective: Dec. 6, 2006.

SB 1007

104

Fire insurance

Amends the Insurance Company Law of 1921. Provides for fire insurance contracts and standard policy provisions to exclude damage caused by terrorism. Authorizes insurers to include a statement in commercial fire insurance policies that the policy does not cover loss or damage resulting from acts of terrorism or acts committed by on behalf of a foreign interest. Relates to the Terrorism Risk Insurance Act of 2002 and terrorism as defined in a form filed with and approved by the Insurance Commissioner. Effective: Sept. 5, 2006.

SB 1161

5A

Workers' compensation - fund management

Makes appropriations from the Workmen's Compensation Administration Fund to the Department of Labor and Industry and the Department of Community and Economic Development to provide for the expenses of administering the Workers' Compensation Act, Occupational Disease Act and Office of Small Business Advocate for fiscal year July 1, 2006, to June 30, 2007, and for payment of bills remaining unpaid at the close of fiscal year ending June 30, 2006. Effective: July 2, 2006.

SB 1205

109

Tax issues

Amends the Domestic Relations Code. Provides for insurance proceeds intercept for collection of overdue support and the state disbursement unit. Provides for a lien against a monetary award, including a workers' compensation award. Provides for payment from the net proceeds of any monetary award. Provides for use of a private judgment search company or the child support enforcement lien program and to deduct the fee for the search from any payment to the prevailing party. Relates to insurance reporting. Effective: Sept. 5, 2006.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.