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H0180..............................................................by BUSINESS
UNINSURED MOTORIST CLAIMS - Adds to existing law to provide an allowance of
attorney's fees in disputed uninsured and underinsured motorist claims.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Bus
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 48-16-6
AYES -- Andersen, Bauer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford,
Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,
Edmunson, Ellsworth, Eskridge, Field(23), Gagner, Garrett, Henbest,
Jaquet, Jones, Lake, Martinez, McGeachin, Meyer, Miller, Moyle,
Raybould, Ridinger, Ring, Roberts, Rydalch, Shepherd, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood
NAYS -- Barrett, Bieter, Eberle, Harwood, Kulczyk, Langford, Langhorst,
McKague, Mitchell, Naccarato, Nielsen, Ringo, Robison, Sali, Sayler,
Shirley
Absent and excused -- Barraclough, Field(18), Kellogg, Schaefer, Trail,
Mr. Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/03 Senate intro - 1st rdg - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 180
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO INSURANCE CLAIMS; AMENDING CHAPTER 18, TITLE 41, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 41-1839A, IDAHO CODE, TO PROVIDE AN ALLOW-
4 ANCE OF ATTORNEY'S FEES IN DISPUTED UNINSURED AND UNDERINSURED MOTORIST
5 CLAIMS.
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 41-1839A, Idaho Code, and to read as follows:
10 41-1839A. ALLOWANCE OF ATTORNEY'S FEES. (1) Any insurer issuing a policy
11 of automobile liability insurance or other casualty insurance having uninsured
12 or underinsured motorist coverage shall, within sixty (60) days following its
13 receipt of written notice that an insured is making a claim under the terms of
14 such coverage together with the insured's compliance with all duties and fur-
15 nishing of all information required by the applicable policy of insurance,
16 respond in writing to the insured's claim and make a settlement offer, if any.
17 (2) If the settlement offer made pursuant to subsection (1) of this sec-
18 tion is rejected by the insured, and an arbitration award or judgment is at
19 least twenty percent (20%) higher than the settlement offer made by the
20 insurer under subsection (1) of this section, the court shall award reasonable
21 attorney's fees. Where arbitration is elected, the fee award shall include the
22 reasonable fees of the arbitrator(s).
STATEMENT OF PURPOSE
RS 12876
This bill provides an orderly process for the resolution and
award of attorney fees in uninsured and underinsured motorist
coverage cases.
FISCAL IMPACT
There is no fiscal impact.
Contact: Allyn Dingel
(208) 343-5454
STATEMENT OF PURPOSE/FISCAL NOTE H 180