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SCS/SB 49 - This act specifies that arbitration awards shall not be enforceable against insurers, as defined in the act, unless the insurer has agreed in writing to the arbitration proceeding. Unless otherwise required by contract, an insurer's election not to participate in arbitration shall not constitute bad faith. These provisions do not apply to awards arising out of arbitration agreements preceding the date of injury or loss. The act provides that insurers intervening in a court proceeding where the defendant has contracted to limit his or her liability to specified assets shall have all the same rights as are afforded to defendants. These provisions shall not alter or reduce an insurer's obligations to any insured other than the tort-feasor, including any co-insureds. This act is similar to HB 120 (2019), and contains provisions similar to provisions in SCS/HB 186 (2019). ERIC VANDER WEERD
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