Motor vehicle insurance; underinsured coverage. (HB629)

Introduced By

Del. Terry Kilgore (R-Gate City)

Description

Underinsured motorist insurance coverage. Revises the process by which an injured person or, in the case of death, the decedent's personal representative may settle a claim with a liability insurer and its insured for the limits of the liability insurer's coverage. Upon payment of the limits of the policy, (i) the liability insurer will have no further duty to defend its insured in a suit brought against the insured and (ii) the insurer providing underinsured motorist coverage shall have no right of subrogation against the underinsured motorist. If the settlement does not fully satisfy the claim for personal injuries or wrongful death, the injured person or personal representative may pursue a claim against an insurer providing underinsured motorist coverage applicable to the claim. In an action to recover underinsured motorist benefits, the underinsured motorist insurer may be substituted, at the election of the injured person or personal representative, as the party defendant in place of the tortfeasor. In such an action, judgment shall only be entered against an underinsured motorist insurer, and a verdict in excess of the total of all available underinsured motorist coverage shall be reduced by the court to the amount of the limits of underinsured motorist coverage. The measure also addresses court approval of settlements between a liability insurer and a person under a disability or a personal representative. Read the Bill »

Outcome

History