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S_JUD_2017A 03/07/2017 Committee Summary

Final

STAFF SUMMARY OF MEETING



SENATE COMMITTEE ON JUDICIARY

Date: 03/07/2017
ATTENDANCE
Time: 09:53 AM to 12:16 PM
Coram
X
Fields
X
Place: RM 271
Kagan
X
Cooke
X
This Meeting was called to order by
Gardner
X
Senator Gardner
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB17-191

SB17-181

SB17-182
Referred to the Committee of the Whole

Referred to the Committee of the Whole

Amended, Referred to the Committee of the Whole





09:53 AM -- SB17-191



Senator Gardner, chair, called the committee to order. Senator Tate, prime sponsor, presented Senate Bill 17-191, concerning market-based rates for interest on judgments. Senator Tate explained the bill and responded to questions concerning the purpose of market-based interest.



09:59 AM --
Mr. Stuart Jorgensen, representing State Farm, testified in support of the bill. He discussed personal experiences concerning auto-insurance rates.



10:03 AM --
Mr. Mark Hillman, representing the Colorado Civil Justice League, and Jeff Reubel, representing the Colorado Defense Lawyers Association, testified in support of the bill. Mr. Hillman discussed setting interest rates on judgments.



10:06 AM --
Mr. Reubel explained the effect of only using market-based interest rates to determine interest on judgments, and responded to an earlier question concerning case law relating to the purpose of market-based interest. He responded to a question concerning the effect of using certain interest rates on litigation and settlements.



10:10 AM --
Mr. Brett Holland, representing himself, Mr. Kevin Ross, representing the National Association of Insurance and Financial Advisors, Mr. Eric Weedin, representing Professional Independent Insurance Agents of Colorado, and Mr. Gary Dyer, representing himself, came to the table as a panel to support the bill. Mr. Weedin discussed the impact of uninsured motorists. Mr. Ross discussed insurance rates. Mr. Dyer discussed insurance rates and their effect on his clients. Mr. Holland explained the effect of insurance rates on his agency. Senator Fields commented an issues related to receiving compensation from insurance companies; Mr. Weedin responded. Mr. Ross and Mr. Weedin responded to questions concerning insurance rate increases.

















10:23 AM --
Mr. Nick Colglazier, representing C3, testified in support of the bill. He discussed his reasons for supporting the bill, and related efforts in other states.



10:25 AM --
Mr. Saul Sarney, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. He discussed working on cases with which insurance companies are involved. He explained financial hardship suffered by those who may be injured by another, and spoke on the benefits of using certain interest rates.



10:29 AM --
Ms. Christina Habas, representing herself and the Colorado Trial Lawyers Association, testified in opposition to the bill. Ms. Habas discussed case law concerning interest rates on judgments. She explained her reasons for opposing he bill. Ms. Habas responded to a question concerning delayed reimbursement to parties under the bill.





10:33 AM



Senator Tate provided closing remarks on the bill.

BILL: SB17-191
TIME: 10:36:33 AM
MOVED: Cooke
MOTION: Refer Senate Bill 17-191 to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





10:37 AM



The committee recessed.































10:40 AM -- SB17-181



The committee returned to order. Senator Gardner, prime sponsor, presented Senate Bill 17-181, concerning modification of the collateral-source rule in civil litigation in which a party has insurance coverage. Senator Gardner explained the need for the bill.



10:47 AM --
Mr. Kelly Campbell, representing the Property and Casualty Insurers Association of America, testified in support of the bill. She discussed reasons for increased auto insurance premiums. She responded to a question concerning fairness of damage judgments.



10:51 AM --
Mr. Stuart Jorgensen, representing State Farm Insurance, testified in support of the bill. Mr. Jorgensen discussed the effect of the bill.



10:55 AM --
Mr. Mark Hillman, representing the Colorado Civil Justice League, testified in support of the bill. Mr. Hillman discussed how damages should be calculated, and the effect of damage judgments on insurance premiums. He explained the benefits of the bill. Senator Kagan commented on the testimony; Mr. Hillman responded.



11:00 AM --
Mr. Chris Reeves, representing the Colorado Defense Lawyers Association, testified in support of the bill. He discussed damage awards and compensation in other states. Mr. Reeves responded to questions concerning compensation awards. Senator Gardner commented.



11:08 AM --
Ms. Christina Habas, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. She discussed a case mentioned in prior testimony, and the process of awarding damages.



11:11 AM --
Ms. Krista Meardon, representing Injury Finance, testified in opposition to the bill. She discussed the process of financing certain healthcare. Ms. Meardon responded to questions concerning medical billing.



11:14 AM --
Mr. Nate Ormond, representing Well States Healthcare, testified in opposition to the bill. He discussed the impact of the bill on businesses.



11:18 AM --
Mr. Kyle Bachus, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. He explained the collateral-source rule. He discussed the impact of the bill. He responded to a question concerning public awareness.



11:24 AM --
Mr. Eric Weedin, representing the Professional Independent Insurance Agents of Colorado, testified in support of the bill.





































11:26 AM



Senator Gardner made closing remarks on the bill.

BILL: SB17-181
TIME: 11:33:04 AM
MOVED: Gardner
MOTION: Refer Senate Bill 17-181 to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





11:33 AM -- SB17-182



Senator Gardner, prime sponsor, presented Senate Bill 17-182, concerning a limitation on the obligation to cover damages arising out of a motor vehicle accident when uninsured motorist insurance may cover the same damages. Senator Gardner discussed a situation that would be effected by the bill.



11:37 AM --
Ms. Kelly Campbell, representing the Property and Casualty Insurers Association of America, testified in support of the bill. She discussed stacking limits in the bill.



11:40 AM --
Mr. Jeff Reubel, representing the Colorado Defense Lawyers Association, testified in support of the bill. He explained the purpose of the bill.



11:43 AM --
Mr. Kevin Ross, representing the National Association of Insurance and Financial Advisors, testified in support of the bill. He discussed damages awarded to clients and insurance rates. He responded to a question concerning the cost of insurance coverage under a certain fact pattern.



11:50 AM --
Ms. Jackie Booker, representing American Family Insurance, testified in support of the bill. She discussed a case concerning a client with multiple insurance policies.



11:54 AM --
Mr. Keith Berlin, representing State Farm Insurance, testified on a forthcoming amendment. He responded to a question concerning the effect of the amendment on sports vehicles.





















11:58 AM --
Mr. Kyle Bachus, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. He explained the effect of the bill. He responded to a question concerning a forthcoming amendment. Mr. Bachus also responded to questions concerning the relationship between insurance premium payments and benefit payments.



12:05 PM --
Mr. Saul Sarney, representing the Colorado Trial Lawyers Association, testified in opposition to the bill. He discussed provisions of the bill relating to offsets. Mr. Sarney responded to a question concerning the relationship between insurance premium payments and benefit payments.





12:10 PM



Senator Gardner made closing remarks on the bill, and distributed and explained amendment L.001 (Attachment A).



17SenateJud0307AttachA.pdf17SenateJud0307AttachA.pdf

BILL: SB17-182
TIME: 12:15:50 PM
MOVED: Gardner
MOTION: Adopt amendment L.001 (Attachment A). The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS
































BILL: SB17-182
TIME: 12:16:17 PM
MOVED: Gardner
MOTION: Refer Senate Bill 17-182, as amended, to the Committee of the Whole. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Coram
Yes
Fields
No
Kagan
No
Cooke
Yes
Gardner
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS





12:16 PM



The committee adjourned.