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H0235...........................................................by BUSINESS 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 - 2001IN 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 20 loss.
STATEMENT OF PURPOSE RS 11035 The purpose of this legislation is to require insurance providers to notify their insureds of their intent to claim a right to subrogate in certain cases. FISCAL IMPACT There is no fiscal impact to the state. Contact Name: Rep. Roger Chase Phone: 332 1130 STATEMENT OF PURPOSE/FISCAL NOTE H 235