Senate Committee Substitute

SCS/SB 213 - This act provides that a time-limited demand occurs when a claimant offers to settle a claim with a defendant with liability insurance in a personal injury or wrongful death case for an amount within the insurer's limit of liability insurance and the acceptance of such offer has a time limitation.

A time-limited demand must be in writing, reference the applicable section of law, sent by certified mail to the defendant's liability insurer, contain the time period for acceptance, the amount of money requested, the date and location of the loss, the claim number, a description of injuries sustained, a description of the parties and claims to be released from liability if the demand is accepted, and an unconditional release for the liability insurer's insureds from all present and future liability. The demand also must be accompanied by additional information as provided in the act, which includes authorizations to allow the liability insurer to obtain records from all relevant employers and medical care providers.

A liability insurer with the right to settle on behalf of an insured may accept the time-limited demand in writing within ninety days of receipt.

The act does not apply to offers to settle made within ninety days of the trial.

A time-limited demand that does not comply with the act cannot be considered as a reasonable opportunity to settle for the insurer and shall not be admissible in a lawsuit filed by the claimant as assignee of the defendant or by the defendant for the benefit of the claimant alleging extra-contractual damages against the liability insurer.

JESSI BAKER


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