Uninsured motorist insurance; liability insurer relieved of costs of defending owner in claim. (HB93)

Introduced By

Del. Terry Kilgore (R-Gate City)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Uninsured motorist insurance coverage.  Permits a liability insurer to be relieved of the costs of defending the owner or operator in a claim involving property damage or bodily injury, including death, if the liability insurer makes an irrevocable written offer to pay the limits of its policy and notifies any insurer providing underinsured motorist coverage with respect to the claim. The liability insurer retains the duty to defend its insured. If underinsured motorist coverage is provided by more than one insurer, the cost to defend shall be assumed in the same order of priority as applies to payments of underinsured benefits. Read the Bill »


Bill Has Passed


01/04/2010Prefiled and ordered printed; offered 01/13/10 10101035D
01/04/2010Referred to Committee on Commerce and Labor
01/15/2010Assigned C & L sub: #2
01/19/2010Referred from Commerce and Labor
01/19/2010Referred to Committee for Courts of Justice
01/21/2010Assigned Courts sub: Civil
01/25/2010Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
01/27/2010Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally)
01/29/2010Read first time
02/01/2010Read second time
02/01/2010Committee amendments agreed to
02/01/2010Engrossed by House as amended HB93E
02/01/2010Impact statement from SCC (HB93)
02/01/2010Printed as engrossed 10101035D-E
02/02/2010Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/02/2010VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/03/2010Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/03/2010Constitutional reading dispensed
02/03/2010Referred to Committee on Commerce and Labor
02/21/2010Impact statement from SCC (HB93E)
02/22/2010Rereferred from Commerce and Labor (11-Y 4-N) (see vote tally)
02/22/2010Rereferred to Courts of Justice
02/23/2010Assigned Courts sub: Civil
03/03/2010Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
03/03/2010Committee substitute printed 10105823D-S1
03/05/2010Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/08/2010Read third time
03/08/2010Reading of substitute waived
03/08/2010Committee substitute agreed to 10105823D-S1
03/08/2010Engrossed by Senate - committee substitute HB93S1
03/08/2010Passed Senate with substitute (40-Y 0-N) (see vote tally)
03/09/2010Placed on Calendar
03/10/2010Senate substitute agreed to by House 10105823D-S1 (97-Y 0-N)
03/10/2010VOTE: --- ADOPTION (97-Y 0-N) (see vote tally)
03/10/2010Impact statement from SCC (HB93S1)
03/22/2010Bill text as passed House and Senate (HB93ER)
03/22/2010Signed by Speaker
03/24/2010Impact statement from SCC (HB93ER)
03/25/2010Signed by President
04/11/2010G Approved by Governor-Chapter 492 (effective 7/1/10)
04/11/2010G Acts of Assembly Chapter text (CHAP0492)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.


Jack F., tracking this bill in Photosynthesis, notes:

A gift to the insurance companies?

Matt writes:

Not at all. THIS IS VERY GOOD FOR INJURED PARTIES. This would prevent the current situation where a low coverage primary insurer tenders its limits, but is stuck defending the case for, in effect, the UIM carrier who has no incentive to settle a case and instead often does not even participate in the case until very close to, or at, trial.

Jack Ford writes:

So what you are saying is that injured parties of uninsured motorists will get compensation sooner than they do now?

Matt writes:

That would be true in many instances...as it stands now, the UIM carrier gets a free ride with the other carrier defends the case, and has every incentive to keep its fist closed until very shortly before trial, then settle at the last minute.

Jack Ford writes:

Thank you for clarifying. It sounds like a good bill then.