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Legislative Year: 2020 Change
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Bill Detail: HB20-1290

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Title Failure-to-cooperate Defense First-party Insurance
Status Governor Signed (07/02/2020)
Bill Subjects
  • Courts & Judicial
  • Health Care & Health Insurance
  • Insurance
House Sponsors A. Garnett (D)
Senate Sponsors S. Fenberg (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/07/2020
Description

The bill bars an insurer from using a failure-to-cooperate defense
in an action unless:
  • The insurer has submitted a request to the insured or the

insured's representative for information the insurer deems
necessary for litigation;
  • The information necessary for litigation is not available to
the insurer without the assistance of the insured;
  • The request provides the insured 60 days to respond;
  • The request is for information the insurer would be entitled
to in litigation;
  • The request cites the specific policy language that entitles
the insurer to the information necessary to any lawsuit;
  • The insured's failure to cooperate has rendered
performance by the insurer under the policy impossible;
and
  • The insurer gives the insured an opportunity to cure within
60 days and provides notice to the insured within 30 days,
describing, with particularity, the alleged failure to
cooperate.
The alleged failure to cooperate must materially and substantially
prejudice the portion of the claim for which the defense is asserted. Any
language in an insurance contract that conflicts with the bill is void.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/17/2020) (most recent)  
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