1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to insurance; homeowner's; regulating proof 1.3 of loss; proposing coding for new law in Minnesota 1.4 Statutes, chapter 65A. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. [65A.296] [PROOF OF LOSS.] 1.7 Subdivision 1. [NOTICE FROM INSURER.] After receiving 1.8 written notice of a claim by an insured on a homeowner's 1.9 insurance policy, the insurer may notify the insured that the 1.10 insurer may deny the claim unless a completed proof of loss is 1.11 received by the insurer within 60 days of the date on which the 1.12 written notice under this subdivision was received by the 1.13 insured. The notice given by the insurer must be sent by 1.14 certified mail, return receipt requested, and must include a 1.15 proof of loss form to be completed by the insured. 1.16 Subd. 2. [FAILURE TO COMPLETE TIMELY PROOF OF LOSS.] In an 1.17 action for the recovery of a claim on a homeowner's insurance 1.18 policy, an insured's failure to comply with the 60-day proof of 1.19 loss requirement: 1.20 (1) is a bar to recovery if the insured received the notice 1.21 specified in subdivision 1, unless the insured demonstrates to 1.22 the court's satisfaction that the insured had good cause for 1.23 failing to comply; 1.24 (2) is not a bar to recovery if the insured did not receive 1.25 the notice specified in subdivision 1, unless the insurer 2.1 demonstrates to the court's satisfaction that its rights were 2.2 prejudiced by the insured's failure to comply. 2.3 Subd. 3. [DEFINITIONS.] For purposes of this section, the 2.4 terms "insurer" and "homeowner's insurance" have the meanings 2.5 given them in section 65A.27. 2.6 Subd. 4. [EFFECT ON OTHER LAW.] This section supersedes 2.7 any inconsistent provision of sections 65A.01, 72A.201, or other 2.8 law. 2.9 Sec. 2. [EFFECTIVE DATE; APPLICATION.] 2.10 Section 1 is effective the day following final enactment, 2.11 and applies to claims arising from losses occurring on or after 2.12 that date.