Bill Summary for S 452 (2023-2024)

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Summary date: 

Jun 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 452 (Public) Filed Thursday, March 30, 2023
AN ACT TO MAKE VARIOUS CHANGES TO THE INSURANCE LAWS OF NORTH CAROLINA, TO AMEND THE INSURANCE RATE-MAKING LAWS, AND TO REVISE HIGH SCHOOL INTERSCHOLASTIC ATHLETICS.
Intro. by Johnson, Craven, Britt.

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Bill summary

House committee substitute to the 3rd edition makes the following changes. 

Amends GS 20-279.15 by amending the conditions under which judgments are deemed satisfied, to include when, subject to a limit of $5,000 (was, $30,000 in current law and $60,000 in previous edition) because of bodily injury to or death of one person, the sum of $100,000 has been credited upon any judgment rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident. 

Further amends GS 20-309 as follows. Amends the provision applicable to policies of motor vehicle bodily injury liability insurance that binds the insurer by a final judgment taken by the insured against an uninsured motorist if the insurer as been served with a copy of summons, complaint, or other process in the action against the uninsured motorist by registered or certified mail, return receipt requested, or in any manner provided by law by adding that the insurer may also be issued a summons, complaint, or other process as an unnamed party and served by registered or certified mail, return receipt requested, or in any manner provided by law. Specifies that service outside of the statute of limitations is valid if the summons has been properly issued, preserved, and served under NC Rule of Civil Procedure 4. Provides that an uninsured motor vehicle includes an underinsured highway vehicle, meaning a highway vehicle with respect to the ownership, maintenance, or use of which, the sum of the limits of liability under all bodily injury liability bonds and insurance policies applicable at the time of the accident is less than the total damages sustained by an individual seeking payment of benefits under the underinsured motorist bodily injury coverage (was, less than the applicable limits of underinsured motorist coverage for the vehicle involved in the accident and insured under the owner's policy). Amends the condition under which a highway vehicle will also be an underinsured highway vehicle for purposes of an underinsured motorist claim asserted by a person injured in accident where more than one person is injured, to be when all bodily injury liability bonds and insurance policies applicable to the highway vehicle at the time of the accident are exhausted and the total amount actually paid to that person from the exhaustion of the bodily injury liability bonds and insurance policies applicable to such highway vehicle at the time of the accident is less than the total damages sustained by the person seeking payment of benefits. Amends the provision specifying that a highway vehicle is not an underinsured motor vehicle for purposes of an underinsured motorist claim under an owner's policy insuring that vehicle unless the owner's policy insuring that vehicle provides underinsured motorist coverage with limits that are greater than that policy's bodily injury liability limits, by adding that, in such events the available underinsured motorist coverage is that amount of underinsured motorist coverage under the owner's policy insuring that vehicle which exceeds the policy's bodily injury liability limits. Amends the conditions under which exhaustion of underinsured motorist coverage for the purpose of any single claim is deemed to have occurred to include when either (1) the limits of liability per claim have been paid or tendered (was, paid) upon the claim or (2) by reason of multiple claims, the aggregate per occurrence limit of liability has been paid or tendered (was, paid). Deems underinsured motorist coverage to apply to the first dollar of a claim beyond amounts paid to the claimant under the exhausted liability policy or policies applicable to the underinsured highway vehicle at the time of the accident. Adds that the amount of underinsured motorist coverage applicable to any claim for benefits must not be reduced by a setoff or credit against any coverage, including liability insurance, except for workers' compensation coverage to the extent provided for under the statute. Provides that if a claimant is an insured under the underinsured motorist coverage on separate or additional policies, the total amount of underinsured motorist coverage applicable to the claimant is the sum of the limits of the claimant's underinsured motorist coverages as determined by combining the highest limit available under each policy and must not be reduced by a setoff against any coverage, including liability insurance, except for workers' compensation coverage to the extent provided for under the statute. Deletes the provision setting the limit of underinsured motorist coverage applicable to any claim as the difference between the amount paid to the claimant under the exhausted liability policy or policies and the limit of underinsured motorist coverage applicable to the motor vehicle involved in the accident; also deletes the provision setting the limit when a claimant is an insured under the underinsured motorist coverage on separate or additional policies.

Adds the following new content.

Amends GS 44-49 to require that a physician, dentist, nurse, hospital, corporation, or other person entitled to a lien upon any sums recovered as damages for personal injury in any civil action to provide an itemized statement, hospital record, or medical report within 120 days of when it is requested (previously no time frame was specified). 

Amends GS 58-70-90 by adding and defining the term itemized accounting as it is used in Part 3 (Prohibited Practices by Collection Agencies Engaged in the Collection of Debts from Consumers) of Article 70 of GS Chapter 58. Defines itemized accounting as an accounting of the amount claimed to be owed, which must include at least (1) if the debt has not been charged off--the amount of principal; each additional amount added for any interest, fees, or charges; and the identity of the person imposing each additional amount and (2) if the debt has been charged-off, the charge-off balance, any post-charge off interest and fees, and any post charge-off payments and credits. Makes additional technical changes. Amends GS 58-70-115, which prohibits collection agencies from collecting or attempting to collect any debt by using unfair practices, amending one of the listed types of unfair practices to include when the collection agency is a debt buyer or acting on behalf of one, bringing suit or initiating an arbitration proceeding against the debtor, or otherwise attempting to collect on the debt without access to (was, without) the specified types of documentation and verification of the amount of the debt owed. Amends GS 58-70-155 by amending the listed items to be considered authenticated business records sufficient to establish the amount and nature of the debt that must be filed before entry of a default judgment or summary judgment against a debtor in a complaint initiated by a debt buyer to include an itemized accounting instead of the amount of the original debt; also removes an itemization of charges and fees claimed to be owed, the original charge off balance (or an explanation of how the balance was calculated if the balance has not been charged off), an itemization of post charge off additions, the date of last payment, and the amount of interest claimed and the basis for the interest charged.

Amends GS 58-50-130 by expanding upon those who may receive stop loss, catastrophic, or reinsurance coverage to include small employers employing more than five (was, more than 20) eligible employees. Applies to contracts issued, renewed, or amended on or after October 1, 2023.

Makes additional technical changes throughout the bill. Changes the act's long title.