HF 3303

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/14/2022 04:18pm

A bill for an act
relating to insurance; clarifying exclusions for certain types of claims handling
from civil liability; amending Minnesota Statutes 2020, section 604.18, subdivision
1.

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

Section 1.

Minnesota Statutes 2020, 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;

deleted text begin (2) a written agreement of a health carrier, as defined in section 62A.011;
deleted text end

new text begin (2) a health plan, as defined in section 62A.011, subdivision 3;
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.