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S.94

Introduced by   Senator Illuzzi of Essex-Orleans District

Referred to Committee on

Date:

Subject:  Liability insurance; medical costs

Statement of purpose:  This bill would authorize the commissioner of banking, insurance, securities, and health care administration to direct a liability insurance carrier required to defend and indemnify an insured to pay all or part of medical costs of a claimant in cases where the liability of the insured for those costs is reasonably established as determined by the commissioner, notwithstanding any pending judicial determination.

AN ACT RELATING TO PAYMENT OF LIABILITY INSURANCE MEDICAL CLAIMS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  8 V.S.A. § 4203a is added to read:

§ 4203a.  LIABILITY INSURANCE; MEDICAL CLAIMS; PAYMENT

Notwithstanding any pending judicial determination of liability, upon petition of a claimant, the commissioner of banking, insurance, securities, and health care administration may order a liability insurance carrier required to defend and indemnify an insured under a policy in this state to pay all or part of the medical costs and expenses of a claimant under such policy if the commissioner, after notice and hearing, finds that:

(1)  the medical costs claimed are due and substantial in relation to the claimant’s ability to pay; and

(2)  the medical costs claimed are covered by a policy of liability insurance issued by the liability insurance carrier, and that the liability of the insured for those costs is reasonably established.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us