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h_sa_2017a_2017-04-26t14:04:15z2 Hearing Summary

Date: 04/26/2017

Location: RM 271

Final

BILL SUMMARY for SB17-204



HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS


Votes: View--> Action Taken:
Postpone Senate Bill 17-204 indefinitely. The moti

Refer Senate Bill 17-204 to the Committee of the W
PASS

FAIL







07:04 PM -- SB17-204



Representative Foote called the committee back to order.



Representative Lawrence, bill sponsor, presented Senate Bill 17-204. Under current law, a first-party claimant is defined as an individual, corporation, association, partnership, or other legal entity asserting an entitlement to benefits owed directly to or on behalf of a person insured under the policy, including a public entity that has paid a claim for benefits due to an insurer's unreasonable delay or denial of a claim. A first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may sue to recover attorney fees, court costs, and two times the covered benefit.



The reengrossed bill modifies the definition of first-party claimant to exclude an additional insured added to the policy by endorsement and an individual, corporation, association, partnership, or other legal entity acting on behalf of an insured person, with exceptions for claims under health coverage plans. It also specifies that a first-party claimant includes the named insured or any person defined as an insured under the insurance policy.



For property and casualty causes of action and remedies, the remedy may not be assigned to another person by the first-party claimant or anyone acting on the first-party claimant's behalf.



07:07 PM --
Kelly Campbell, Property Casualty Insurers Association of America, testified in support of the bill. Ms. Campbell answered questions from the committee.



07:12 PM --
Kyle Larson, Colorado Roofing and Restoration Council, testified in opposition to the bill. Mr. Larson answered questions from the committee.



07:20 PM --
Jeff Ruebel, Colorado Defense Lawyers Association, testified in support of the bill.



07:23 PM --
Virginia Morrison Love, Colorado Association of Home Builders, testified in opposition to the bill.



07:25 PM --
Scott Smith, Colorado Association of Home Builders, testified in opposition to the bill. Mr. Smith answered questions from the committee.





07:28 PM



Ms. Morrison Love answered questions from the committee.



07:33 PM --
Michael Rosenberg, Colorado Trial Lawyers Association, testified in opposition to the bill.



07:36 PM --
Thomas Neville, Colorado Trial Lawyers Association, testified in opposition to the bill.





07:40 PM



Representative Lawrence made concluding remarks about the bill. Committee members made comments about the bill.

BILL: SB17-204
TIME: 07:45:31 PM
MOVED: Humphrey
MOTION: Refer Senate Bill 17-204 to the Committee of the Whole. The motion failed on a vote of 0-8, with one excused.
SECONDED: Leonard
VOTE
Benavidez
Excused
Hooton
No
Humphrey
No
Leonard
No
Melton
No
Weissman
No
Williams D.
No
Lontine
No
Foote
No
YES: 0 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL






BILL: SB17-204
TIME: 07:47:11 PM
MOVED: Melton
MOTION: Postpone Senate Bill 17-204 indefinitely. The motion passed on a vote of 5-3, with one excused.
SECONDED: Lontine
VOTE
Benavidez
Excused
Hooton
Yes
Humphrey
No
Leonard
No
Melton
Yes
Weissman
Yes
Williams D.
No
Lontine
Yes
Foote
Yes
Final YES: 5 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS














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