SF 3188

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 09:02am

A bill for an act
relating to insurance; requiring insurers to notify insureds of the statutory
prohibition against payment of rebates or deductibles by residential contractors;
regulating claims practices of insurers; amending Minnesota Statutes 2016, section
72A.201, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 65A.

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

Section 1.

new text begin [65A.286] NOTICE OF PAYMENT OF REBATE OR DEDUCTIBLE
PROHIBITION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin An insurer shall notify the insured in writing of the
requirements of section 325E.66.
new text end

new text begin Subd. 2. new text end

new text begin Frequency. new text end

new text begin The notice required by this section must be provided to the insured
promptly after the insurer receives written notice of a claim by the insured on a homeowner's
insurance policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to policies
issued or renewed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 72A.201, subdivision 5, is amended to read:

Subd. 5.

Standards for fair settlement offers and agreements.

The following acts by
an insurer, an adjuster, a self-insured, or a self-insurance administrator constitute unfair
settlement practices:

(1) making any partial or final payment, settlement, or offer of settlement, which does
not include an explanation of what the payment, settlement, or offer of settlement is for;

(2) making an offer to an insured of partial or total settlement of one part of a claim
contingent upon agreement to settle another part of the claim;

(3) refusing to pay one or more elements of a claim by an insured for which there is no
good faith dispute;

(4) threatening cancellation, rescission, or nonrenewal of a policy as an inducement to
settlement of a claim;

(5) notwithstanding any inconsistent provision of section 65A.01, subdivision 3, failing
to issue payment for any amount finally agreed upon in settlement of all or part of any claim
within five business days from the receipt of the agreement by the insurer or from the date
of the performance by the claimant of any conditions set by such agreement, whichever is
later;

(6) failing to inform the insured of the policy provision or provisions under which
payment is made;

(7) settling or attempting to settle a claim or part of a claim with an insured under actual
cash value provisions for less than the value of the property immediately preceding the loss,
including all applicable taxes and license fees. In no case may an insurer be required to pay
an amount greater than the amount of insurance;

(8) except deleted text begin where limited by policy provisions deleted text end new text begin in the case of a total loss new text end , settling or
offering to settle a claim or part of a claim with an insured under replacement value provisions
for less than the sum necessary to replace the damaged item with one of like kind and quality,
including all applicable taxes, license, and transfer fees;

(9) reducing or attempting to reduce for depreciation any settlement or any offer of
settlement for items not adversely affected by age, use, or obsolescence;

(10) reducing or attempting to reduce for betterment any settlement or any offer of
settlement unless the resale value of the item has increased over the preloss value by the
repair of the damage.