HB 1641: Disclosure of Insurance Policy Limits; Homeowners or Personal Injury Liability Insurance; Personal Injury and Wrongful Death Actions
August 5, 2020
This bill allows an injured person, the personal representative of a decedent, or an attorney that represents either to request the disclosure of the liability limits of a personal injury liability insurance policy or a homeowners insurance policy prior to filing a civil action for personal injuries or wrongful death from injuries sustained at another’s residence.
The requesting party shall provide the insurer with:
(1) the date of the loss or injury;
(2) the address of the residence at which the injury was sustained;
(3) the name of the owner of the residence;
(4) the claim number, if available;
(5) if it’s a personal injury action – the injured person’s medical records/bills, and
wage-loss documentation related to the injury;
(6) if it’s for a wrongful death action:
(a) the decedent’s death certificate;
(b) the certificate qualifying the personal representative of the decedent’s estate;
(c) the names and relationships;
(d) medical bills, if any; and
(e) a description of the source, amount, and payment history of the claimed
income loss of each beneficiary.
Furthermore, the bill provides that in personal injury actions, the insurer only has to disclose liability limits if the amount of the injured person’s medical bills and wage losses is at least $12,500.00. The bill also provides that disclosure of a policy’s limits shall not constitute an admission that the alleged injury is subject to the policy.