- Introduced -
SB 1247 - This act modifies the legal expense fund to include any licensed attorney in this state that practices law for no compensation at or through a tax exempt nonprofit community social services center. The aggregate of any payments from the legal expense fund shall be limited to a maximum of $500,000 for all claims based upon the same act or acts alleged in a single cause and shall not exceed $500,000 for any one claimant. All payments from insurance policies purchased by the state relating to the legal expense fund shall also be limited to $500,000. For purposes of this act, all individuals and entities asserting a wrongful death claim are considered one claimant. Payment from the fund resulting from a claim against an individual precludes execution of a judgment against the individual for tort actions committed by the individual.
Any claim or judgment against such an attorney shall be paid by the legal expense fund to the extent damages are allowed in tort actions for improper health care. Liability or malpractice insurance possessed by an attorney shall not be considered available for payment of a claim to the extent that the legal expense fund is required to make payment. However, an attorney may obtain liability or malpractice insurance for coverage of claims or judgments for amounts that exceed the maximum coverage of the legal expense fund.
The Attorney General shall promulgate rules regarding contract procedure and the documentation of legal practice for attorneys covered by this act.