2003 Legislation
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HOUSE BILL NO. 180 – Uninsured motorist claims, atty fee

HOUSE BILL NO. 180

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                      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