s_blt_2017a_2017-03-22t14:02:26z3 Hearing Summary

Date: 03/22/2017

Location: SCR 354

03:05 PM -- SB 17-204



Senator Priola introduced Senate Bill 17-204, concerning the improper denial of property and casualty claims. 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 injured under the policy, including a public health 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 bill modifies the definition of first-party claimant to exclude an individual, corporation, association, partnership, or other legal entity acting on behalf of an insured person, with exceptions for claims under health coverage plans.



The bill also requires that a first-party claimant provide written notice of the cause of action to a property and casualty insurer at least 20 days prior to filing and action against the insurer. If the property and casualty insurer fails to resolve the basis of the claim within the 20-day period, the first-party claimant may bring the action. The statute of limitations for such an action is suspended during the 20-day period.



Senator Priola provided a handout to the committee (Attachment I).



170322 AttachI.pdf



03:08 PM -- Kyle Larson, Colorado Roofing and Restoration Council, spoke in opposition to the bill. He responded to questions from the committee.



03:36 PM -- Scott Wilkinson, Colorado Association of Homebuilders, spoke in opposition to the bill. He responded to questions from the committee.



04:07 PM -- Joshua Ziman, representing himself, spoke in opposition to the bill.



04:12 PM -- Thomas Neville, lawyer for Mr. Ziman, spoke in opposition to the bill. He responded to questions from the committee.



04:24 PM -- Michael Rosenberg, Colorado Trial Lawyers Association, spoke in opposition to the bill. He responded to questions from the committee.



04:35 PM -- Kelly Campbell, Property Casualty Insurers, spoke in favor of the bill. She responded to questions from the committee.



04:40 PM -- Terence Ridley, representing himself, spoke in favor of the bill.



04:52 PM -- Jeff Ruebel, Colorado Civil Justice League and Colorado Defense Lawyers Association, spoke in favor of the bill.



05:02 PM -- John Hopper, representing himself, spoke in opposition to the bill.



05:11 PM



Senator Priola made closing comments on the merits of the bill. The committee recessed.



05:13 PM



The committee came back to order.