Print Friendly HOUSE BILL NO. 235 – Insurance, subrogation, notice
HOUSE BILL NO. 235
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INSURANCE - Amends existing law to require an insurance provider's
notification to its insured of an intent to claim a right to subrogation.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 235
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO INSURANCE; AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 41-1845, IDAHO CODE, TO REQUIRE AN INSURANCE
4 PROVIDER'S NOTIFICATION TO ITS INSURED OF AN INTENT TO CLAIM A RIGHT TO
5 SUBROGATION IN CERTAIN CASES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 18, Title 41, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 41-1845, Idaho Code, and to read as follows:
10 41-1845. NOTIFICATION OF INTENT TO SUBROGATE. Where an insurance provider
11 knows or has reason to know of potential third party liability for a loss suf-
12 fered by its insured, and the provider intends to claim a right to subrogate
13 any portion of moneys recovered by their insured against a third party associ-
14 ated with a loss for which the provider has paid out moneys for costs or
15 expenses on behalf of their insured, the provider is required to notify its
16 insured, in writing, of its intent to pursue subrogation at the time it makes
17 the payment(s) for costs and expenses on behalf of its insured. Failure to
18 provide notification to an insured pursuant to this section shall constitute a
19 waiver by the insurance provider of its right to subrogation in regard to the
STATEMENT OF PURPOSE
The purpose of this legislation is to require insurance providers to
notify their insureds of their intent to claim a right to subrogate in
There is no fiscal impact to the state.
Name: Rep. Roger Chase
Phone: 332 1130
STATEMENT OF PURPOSE/FISCAL NOTE