September 19, 2020
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 (LATE FILED)Amendment
Bill No. 1937
Amendment No. 552409
Senate House

1Representative(s) Ross offered the following:
3     Substitute Amendment for Amendment (611489) (with title
5Between lines 1296 and 1297, insert:
6     Section 17.  (1) Upon an insurer's receiving a
7communication with respect to a claim, the insurer shall, within
814 calendar days, review and acknowledge receipt of such
9communication unless payment is made within that period of time
10or unless the failure to acknowledge is caused by factors beyond
11the control of the insurer which reasonably prevent such
12acknowledgement. If the acknowledgement is not in writing, a
13notification indicating acknowledgement shall be made in the
14insurer's claim file and dated. A communication made to or by an
15agent of an insurer with respect to a claim shall constitute
16communication to or by the insurer. As used in this subsection,
17the term "agent" means any person to whom an insurer has granted
18authority or responsibility to receive or make such
19communications with respect to claims on behalf of the insurer.
20This subsection shall not apply to claimants represented by
21counsel beyond those communications necessary to provide forms
22and instructions.
23     (2)  Such acknowledgement shall be responsive to the
24communication. If the communication constitutes a notification
25of a claim, unless the acknowledgement reasonably advises the
26claimant that the claim appears not to be covered by the
27insurer, the acknowledgement shall provide necessary claim
28forms, and instructions, including an appropriate telephone
30     (3)  Unless otherwise provided by the policy of insurance
31or by law, within 10 working days after an insurer receives
32proof of loss statements the insurer shall begin such
33investigation as is reasonably necessary unless the failure to
34begin such investigation is caused by factors beyond the control
35of the insurer which reasonably prevent the commencement of such
38================ T I T L E  A M E N D M E N T =============
39     Between lines 107 and 108, insert:
40requiring insurers to review and acknowledge receipt of certain
41communications relating to claims; providing an exception;
42providing a definition; providing for nonapplication to certain
43claimants; providing procedures and requirements relating to
44such acknowledgements; requiring an insurer to conduct certain
45investigations under certain circumstances;

CODING: Words stricken are deletions; words underlined are additions.
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