Insurance Legislative Update for All 50 States



Senate Bill 5

(Introduced May 26, 2009; Last Action May 26, 2009)

This bill prohibits the application of a hurricane deductible for property damage in insurance policies unless the damage arose from a named hurricane or tropical storm.  It requires personal lines insurance policies offering a percentage deductible for the peril of winds and hail to offer a voluntary buy‑back provision and provides penalties for violations.


Senate Bill 119

(Introduced February 2, 2009; Last Action May 28, 2009)

This bill extends the expiration date of an existing law that prohibits the bringing of an action against an insurer issuing professional liability insurance policies to healthcare providers for statements made in bad faith unless a statement was made under a specific circumstance.


House Bill 1338

(Introduced April 7, 2009; Last Action June 1, 2009)

This bill modifies state insurance laws to comply with recent federal law enactments; provides for liability and limitations on disclosure of genetic information, and prevents genetic information from being used to deny access to healthcare insurance; relates to underwriting and pre‑existing conditions.


House Bill 692

(Introduced March 11, 2009; Last Action June 2, 2009)

This bill amends the laws relating to group self-insurance re‑insurance accounts to clarify that individual self-insurers authorized under state law, or an individual self-insurer authorized under the laws of other states, may participate in the account; provides for joint and several liability; provides for notice of withdrawal from the account; and provides for powers of the superintendent of insurance to act as a receiver.


Senate Bill 202

(Introduced January 14, 2009; Last Action May 29, 2009)

This bill provides that operating a motorcycle, in and of itself, shall not be considered evidence of comparative negligence and prohibits claims adjusters from assigning fault to a party simply because the party was operating a motorcycle in an otherwise legal manner.


Legislative Bill 208

(Introduced January 13, 2009; Last Action May 26, 2009)

This bill amends provisions concerning fraudulent insurance acts and provides that it is a fraudulent insurance act to knowingly provide false information to an insurer concerning the number, location, or classification of employees for the purpose of lessening or reducing the premium otherwise chargeable for Workers’ Compensation insurance coverage.

New York

Assembly Bill 7122

(Introduced March 20, 2009; Last Action May 27, 2009)

This bill extends the time for filing a notice of claim for injuries suffered as a result of participation in the World Trade Center rescue, recovery, or cleanup operations.

New York

Assembly Bill 8562

(Introduced May 28, 2009; Last Action May 28, 2009)

This bill requires homeowners insurance polices to insure against direct and indirect damages relating to a discharge of petroleum; and provides that insurers shall provide notice in all homeowners’ policies relating to responsibility and coverage of petroleum spills.

New York

Assembly Bill 8620

(Introduced May 29, 2009; Last Action May 29, 2009)

This bill relates to the payment of medical malpractice insurance premiums and treats the Healthcare Access Protection Fund.


House Bill 1021

(Introduced December 9, 2008; Last Action May 26, 2009)

This bill relates to the compulsory insurance law and limits recovery for damages or claims against insurer for liability for motor vehicle accidents in certain circumstances.


House Bill 1603

(Introduced January 15, 2009; Last Action May 29, 2009)

This bill relates to civil procedure, professional negligence, class actions, joint and several liability, damage awards, government liability, health and life insurance cancellation, and school and school employee liability.


House Bill 2369

(Introduced January 12, 2009; Last Action June 3, 2009)

This bill prohibits motor vehicle liability insurer from settling with injured individuals until 60 days after the motor vehicle accident; provides that settlement agreement may not restrict ability of insurer to recover personal injury protection benefits by subrogation; and requires the liability insurer to provide to the injured individual plan and concise statement of consequences of entering into a settlement agreement.


Senate Bill 746

(Introduced April 3, 2009; Last Action June 2, 2009)

This bill provides for licensed physician immunity for disclosure to law enforcement authorities relating to patient health information when the physician has a good faith belief that the patient has used prescribed controlled substances for illicit purposes.  It also provides for actions on insurance policies for acting in bad faith.

Rhode Island

House Bill 5970

(Introduced March 11, 2009; Last Action June 3, 2009)

This bill would allow, in certain circumstances, the party alleging injury to have an additional three-month time period within which to bring an action directly against the tortfeasor’s insurer.



By Kimberlee L. Danieu