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2004 Summary of New State Laws - Arizona

Issue

Bill #

Bill Description

Arson

SB 1242

Holds a person who is convicted of arson liable for the expenses incurred incident to the emergency response and investigation of the underlying offense. Effective 90 days after adjournment. Chapter 103, Laws of 2004.

Captives

HB 2235

Allows non-profit group insurers to form group and pure captive insurers. Signed by the Governor 4/1/04. Chapter 32, Laws of 2004.

CLUE

HB 2547

Prohibits insurers from considering as a claim any inquiry by an insured into whether a policy will cover a loss or about the type or level of coverage. Insurers are also prohibited from using the inquiry as a basis for declining, non-renewing or canceling insurance coverage or a binder of coverage. Furthermore, insurers are prohibited from informing an insurance support agency or a consumer reporting agency of the insured's inquiry. Effective 90 days after adjournment. Chapter 149, Laws of 2004.

Licensure

HB 2232

Amends various sections of Arizona law pertaining to producer licensing standards. Effective 90 days after adjournment and 12/31/04. Chapter 162, Laws of 2004.

Motor Vehicle Insurance

(Definition of Accident)

SB 1241

Provides an amended definition of 'accident' for automobile insurance purposes and would provide rules governing choice of vendor and the recognition of assignments. Effective 90 days after adjournment. Chapter 226, Laws of 2004. Effective 90 days after adjournment. Chapter 226, Laws of 2004.

(Traffic Safety - DUI)

HB 2628

Allows the Arizona Department of Transportation Motor Vehicle Division (Department) to suspend a person's driver license for twelve months if the Department receives a report from an entity that installs or maintains ignition interlock devices (IIDs) that a person under an interlock requirement has tampered with, or circumvented the IID. Signed by the Governor 4/16/04. Chapter 97, Laws of 2004.

Privacy

HB 2382

Limits governmental use of complete social security numbers. Provides for the use of social security numbers by governmental agencies to administer, among other things, workers' compensation matters. Signed by the Governor 4/23/04. Chapter 139, Laws of 2004.

Regulation

(Production of Claims Information)

HB 2224

Requires insurers to produce claim files or related papers upon request by the Director of Insurance (director). Effective 90 days after adjournment. Chapter 68, Laws of 2004.

Tort Reform

(Product Liability)

HB 2220

Provides an affirmative defense in product liability actions resulting from the consumption of food products. Effective 90 days after adjournment. Chapter 67, Laws of 2004.

(Frivolous Lawsuits)

SB 1113

Provides rules to curtail the filing of frivolous lawsuits against health care professionals and the filing of frivolous nonparty at-fault designations by health care professionals. Effective 90 days after adjournment. Chapter 4, Laws of 2004.

Workers' Compensation

HB 2399

Provides that any testing or prophylactic treatment for human immunodeficiency virus (HIV) or hepatitis C would qualify as a workers' compensation claim under certain circumstances. Effective 90 days after adjournment. Chapter 208, Laws of 2004.

Workers' Compensation

HB 2438

Requires the Workers' Compensation Commission to create a fee schedule for prescription medicines required to treat injured employees. Effective 90 days after adjournment. Chapter 165, Laws of 2004.

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.

Arizona State Resource Center