2009 House Bill 5146

Authorize new insurance company regulations and sanctions

Introduced in the House

June 25, 2009

Introduced by Rep. Bert Johnson (D-5)

To establish that if an insurance company is found to have undertaken an unfair method of competition, act or practice, fraud, or failed to pay benefits in a timely manner, then the company is presumed to have acted in bad faith, rather than made a mistake or oversight. See also House Bills 5145 and 4844, which authorize $1 million fines and suing for punitive damages.

Referred to the Committee on Insurance

Aug. 19, 2009

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Pete Lund (R-36)

To impose "loser pay" rules on lawsuits the bill would allow against insurance companies, and triple-damages loser-pays if the court finds the suit frivolous.

The amendment failed by voice vote

Passed in the House 60 to 45 (details)

Received in the Senate

Aug. 26, 2009

Referred to the Committee on Economic Development and Regulatory Reform