2023 -- H 5438 | |
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LC001009 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2023 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
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Introduced By: Representative Jason Knight | |
Date Introduced: February 08, 2023 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 9-1-50 of the General Laws in Chapter 9-1 entitled "Causes of |
2 | Action" is hereby amended to read as follows: |
3 | 9-1-50. Settled claims not paid within thirty (30) days. |
4 | (a) Whenever any claim is settled, the insurance company, adjusting company, or any other |
5 | person, firm, or corporation responsible for paying the settlement shall make payment within thirty |
6 | (30) days from the date the claimant or his or her attorney sends the release. The signed release |
7 | may be transmitted to the party responsible for paying the settlement or their attorney in electronic |
8 | format. Failure to make payment within thirty (30) days shall raise a presumption that failure to do |
9 | so was a willful and wanton disregard for the rights of the claimant. In addition to all other remedies, |
10 | the payor shall be liable to the claimant in a separate cause of action for punitive damages and |
11 | interest which shall be computed at the rate of twelve percent (12%) per annum from the date the |
12 | cause of action giving rise to the settlement occurred until the judgment on the claim brought |
13 | pursuant to this section is entered. |
14 | (b) Any claim brought under the provisions of this section shall be given a priority on the |
15 | trial calendar. |
16 | SECTION 2. This act shall take effect upon passage. |
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LC001009 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- | |
CAUSES OF ACTION | |
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1 | This act would permit a signed release to be transmitted to the party responsible for paying |
2 | the settlement or their attorney by electronic means. |
3 | This act would take effect upon passage. |
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