Senate File 148 S-3021 Amend the amendment, S-3015, to Senate File 148, as follows: 1 1. Page 1, by striking line 5 and inserting < ADVERSE HEALTH 2 CARE INCIDENTS > 3 2. Page 1, before line 6 by inserting: 4 < Sec. ___. NEW SECTION . 135P.5 Medical malpractice policy 5 limit —— bad faith. 6 1. An insurance company insuring a health care provider 7 for professional negligence shall at all times negotiate in 8 good faith all claims presented to the provider. If a claimant 9 offers to settle a claim within the professional negligence 10 insurance policy coverage limits and the insurance company 11 refuses or declines the offer and the claim proceeds to 12 judgment in excess of the insurance policy coverage limits, the 13 insurance company shall be liable for the full amount of the 14 judgment regardless of the existing insurance policy coverage 15 limitation. 16 2. An insurer of a professional liability policy has a duty 17 to negotiate a settlement within the policy limits if an offer 18 is made by a claimant at or within the policy limits. If the 19 insurer does not do so, the policy holder shall have a cause 20 of action against the insurer for the failure to negotiate a 21 settlement within the policy limits. The settlement shall 22 include the recovery of all damages the insured incurs and 23 reasonable attorney fees. > 24 3. Page 4, after line 20 by inserting: 25 < ___. Title page, line 1, after < against > by inserting < and 26 medical malpractice insurance of >> 27 4. By renumbering as necessary. 28 ______________________________ ZACH WAHLS -1- S 3015.294 (3) 90 cm/ns 1/ 3 #1. #2. #3. #4.

______________________________ NATE BOULTON ______________________________ WILLIAM A. DOTZLER, JR. ______________________________ MOLLY DONAHUE ______________________________ TODD TAYLOR ______________________________ CLAIRE CELSI ______________________________ ERIC GIDDENS ______________________________ PAM JOCHUM ______________________________ HERMAN C. QUIRMBACH ______________________________ JANICE WEINER -2- S 3015.294 (3) 90 cm/ns 2/ 3

______________________________ JANET PETERSEN ______________________________ LIZ BENNETT -3- S 3015.294 (3) 90 cm/ns 3/ 3