House Study Bill 668 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON SWAIM)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to certain liability insurance policy information
  2    required to be given to claimants.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6432HC 82
  5 av/nh/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  515.134A  POLICY INFORMATION ==
  1  2 DUTY TO PROVIDE.
  1  3    1.  Upon the written request of a claimant or a claimant's
  1  4 representative, an insurer that is providing or may provide
  1  5 liability insurance coverage of the claimant's claim or a
  1  6 portion of that claim under a policy of insurance, shall,
  1  7 within thirty days, provide a written statement, made under
  1  8 oath, by a corporate officer, claims manager, or other
  1  9 supervisory employee of the insurer.  The statement shall
  1 10 include the following information with respect to each policy
  1 11 of insurance issued by that insurer, including excess or
  1 12 umbrella insurance, under which such coverage is being or may
  1 13 be provided:
  1 14    a.  The name of the insurer.
  1 15    b.  The name of each insured under the policy.
  1 16    c.  The limits of the liability coverage under the policy.
  1 17    d.  A statement of any policy or coverage defense which the
  1 18 insurer asserts is available to the insurer at the time the
  1 19 statement is prepared.
  1 20    e.  A copy of the policy.
  1 21    2.  Upon the written request of a claimant or a claimant's
  1 22 representative, an insured or the insurance agent of an
  1 23 insured against whom a claim for liability is being made or
  1 24 may be made, shall disclose the name of the insurer and the
  1 25 nature of the insurance coverage to the claimant or the
  1 26 claimant's representative.  The insured or the insurance agent
  1 27 of the insured shall also notify all insurers providing
  1 28 coverage for the insured of the request for information and
  1 29 each insurer so notified shall supply the information required
  1 30 under subsection 1 to the claimant or the claimant's
  1 31 representative within thirty days of receipt of such notice.
  1 32    3.  Information provided to a claimant or a claimant's
  1 33 representative pursuant to this section shall be amended
  1 34 immediately upon the discovery that the information provided
  1 35 is incorrect.
  2  1                           EXPLANATION
  2  2    This bill requires insurers, and insureds and their
  2  3 insurance agents, to provide certain information about
  2  4 insurance policies that are providing or may provide liability
  2  5 insurance coverage to a claimant, upon the request of the
  2  6 claimant or the claimant's representative, and to update the
  2  7 information provided when it is not correct.
  2  8 LSB 6432HC 82
  2  9 av/nh/14