Motor vehicle accidents; underinsured motorist claims, settlement procedures, subrogation. (HB1819)

Introduced By

Del. Terry Kilgore (R-Gate City)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Motor vehicle liability insurance; underinsured motorist claims; settlement procedures; subrogation. Establishes a procedure by which an injured person or personal representative may settle a claim with a liability insurer or insurers and the liability insurer's or insurers' insured for the limits of the liability insurer's coverage without prejudice to any underinsured motorist benefits or claim. Upon payment of the liability insurer's limits, the liability insurer has no further duties to its insured and the underinsured motorist benefits insurer shall have no right of subrogation or claim against the underinsured motorist. However, if the underinsured motorist unreasonably fails to cooperate with the underinsured motorist benefits insurer in the defense of any lawsuit brought by the injured person or their personal representative, he may again be subjected to a claim for subrogation by the underinsured motorist benefits insurer. The measure also provides that an insurer paying underinsured motorist benefits to an insured shall have no right of subrogation against any person who settled with the underinsured motorist benefits insurer's insured pursuant to this new procedure unless the underinsured motorist failed to reasonably cooperate in the defense of any lawsuit brought against him. The underinsured motorist benefits insurer is required to pay the reasonable costs and expenses related to procuring the insured's cooperation. If the underinsured motorist cooperates with the underinsured motorist benefits insurer, or if his failure to do so was not unreasonable, then the court may award him his costs, including attorney fees, in defending the subrogation action. Read the Bill »


Bill Has Passed


01/13/2015Prefiled and ordered printed; offered 01/14/15 15102422D
01/13/2015Referred to Committee for Courts of Justice
01/20/2015Assigned Courts sub: Civil Law
01/21/2015Impact statement from SCC (HB1819)
01/28/2015Subcommittee recommends reporting (10-Y 0-N)
02/04/2015Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
02/04/2015Committee substitute printed 15104760D-H1
02/06/2015Read first time
02/09/2015Read second time
02/09/2015Committee substitute agreed to 15104760D-H1
02/09/2015Engrossed by House - committee substitute HB1819H1
02/10/2015Read third time and passed House (98-Y 1-N 1-A))
02/10/2015VOTE: PASSAGE (98-Y 1-N 1-A) (see vote tally)
02/11/2015Constitutional reading dispensed
02/11/2015Referred to Committee on Commerce and Labor
02/16/2015Rereferred from Commerce and Labor (10-Y 0-N) (see vote tally)
02/16/2015Rereferred to Courts of Justice
02/16/2015Impact statement from SCC (HB1819H1)
02/18/2015Reported from Courts of Justice with substitute (12-Y 0-N 1-A) (see vote tally)
02/18/2015Committee substitute printed 15105251D-S1
02/20/2015Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/23/2015Impact statement from SCC (HB1819S1)
02/23/2015Read third time
02/23/2015Reading of substitute waived
02/23/2015Committee substitute agreed to 15105251D-S1
02/23/2015Engrossed by Senate - committee substitute HB1819S1
02/23/2015Passed Senate with substitute (39-Y 1-N) (see vote tally)
02/24/2015Placed on Calendar
02/24/2015Senate substitute agreed to by House 15105251D-S1 (96-Y 1-N 1-A)
02/24/2015VOTE: ADOPTION (96-Y 1-N 1-A) (see vote tally)
03/06/2015Bill text as passed House and Senate (HB1819ER)
03/06/2015Signed by Speaker
03/07/2015Signed by President
03/10/2015Enrolled Bill communicated to Governor on 3/10/15
03/10/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
03/10/2015Impact statement from SCC (HB1819ER)
03/26/2015G Approved by Governor-Chapter 585 (effective 1/1/16 see bill)
03/26/2015G Acts of Assembly Chapter text (CHAP0585)


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