HF 1791

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:27pm

A bill for an act
relating to insurance; clarifying exclusions for certain types of claims handling
from civil liability; amending Minnesota Statutes 2022, section 604.18, subdivision
1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 604.18, subdivision 1, is amended to read:

Subdivision 1.

Terms.

For purposes of this section, the following terms have the
meanings given them.

(a) "Insurance policy" means a written agreement between an insured and an insurer
that obligates an insurer to pay proceeds directly to an insured. Insurance policy does not
include provisions of a written agreement obligating an insurer to defend an insured,
reimburse an insured's defense expenses, provide for any other type of defense obligation,
or provide indemnification for judgments or settlements. Insurance policy does not include:

(1) coverage for workers' compensation insurance under chapter 176;

(2) a written agreement of a health carrier, as defined in section 62A.011 new text begin , with the
exception of coverage that is limited to disability or income protection or a long-term care
policy or insurance, as defined under sections 62A.46, subdivision 2, and 62S.01, subdivision
18 new text end ;

(3) a contract issued by a nonprofit health service plan corporation regulated under
chapter 62C that provides only dental coverage;

(4) a written agreement authorized under section 60A.06, subdivision 1, clause (4) or
(6), or 64B.16, subdivision 1; or

(5) a written agreement issued pursuant to section 67A.191.

(b) "Insured" means a person who, or an entity which, qualifies as an insured under the
terms of an insurance policy on which a claim for coverage is made. An insured does not
include any person or entity claiming a third-party beneficiary status under an insurance
policy.

(c) "Insurer" means every insurer, corporation, business trust, or association engaged in
insurance as a principal licensed or authorized to transact insurance under section 60A.06,
but for purposes of this section an insurer does not include a political subdivision providing
self-insurance or a pool of political subdivisions under section 471.981, subdivision 3. The
term does not include the Joint Underwriting Association operating under chapter 62F or
62I.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to claims made or commenced under this section on or after that date.
new text end