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COUNCIL OF THE DISTRICT OF COLUMBIA

COMMITTEE ON THE JUDICIARY


COMMITTEE REPORT
1350 Pennsylvania Avenue, NW, Washington, DC 20004
TO:
FROM:
DATE:
All Councilmembers

Chairman Phil Mendelson
Chairman, Commitee on
November 29 , 2012

SUBJECT: Report on Bill 19-890, "Pre-litigation Discovery of Insurance. Coveage


\
Amendment Act of 2012"
The Committee on the Judiciary, to which Bill 19-890, the "Pre-litigation Discovery of
Insurace Coverage Amendment Act of 2012" was referred, reports favorably thereon. \ith
amendments, and recommends approval by the Council.
.. *
CONTENTS
I. Background and N eed
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@.1
II.
L
egisla
t
ve Chronology
@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
5
III. Position of the E
x
ecutive ,@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ 6
IV. Comments of Advisory Neighborhood Commissions
@@@@@@ 6
V. Summary of Testimony
@@@@@@@@@@@@@@@@@@@@@@@@@@@+@@@@@@@@@@@@@@@@@@@@
6
VI. Impact on E
x
isting Law
@@@@@@@@@@@@@@@@@@@@@@@@++++@@@@@@@@@@@@.
VII.
F
iscal Impact @@@@@@@@@@@@@@@@@++@@@+@@@@@@@@@@@@@@@@@@@@@@@@+.
VIII. Section-by-Section Analysis
@@@@@@@@@@@+++++@@@@@@@@@.
IX. Committee Action
,@@@@@@@+++.@@@@@@@@@@@@@@@@@@@@@@+
8
X. Attachments ,@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
9
I. BACKGROUND AND NEED
\ :
Bill 19-890, the "Pre-litigation Discovery of Insurance Coverage Amendment Act of
2012" allows a claimant to obtain basic insurance coverage information from a potential
defendant's insurer without having to file suit. Specifically, a claimant in a vehicle accident
(including bicyclists) would be entitled to insurer documentation that denotes the applicable
coverage limits for which the insurer may be liable to satisfy all or parts of a claim or to
indemnif or reimburse another party for payments made to satisf the claim. Currently, a
claimant is privy to this information through the discovery process, but this requires an
individual first to file a lawsuit. Instead, Bill 19 -890 enables a claimant to gain this information
pre-litigation, providing each side with a more level playing field, facilitating settlements, and
reducing burdens on the courts.
Co nnitIcc on thc 1udiciary
Rcpor on BiII .|0
ovc nbcr ! !0 . !
Pagc ! o!
Bcgnnng in I '0 Ihc lcdcraI RuIcs o! CvI Proccdurc aIIowcd !or Ihc discIosurc o!
"any insurancc agrcc ncnI undcr which an insurancc busincss nay bc IiabIc Io saIs aII or part
o! a possibIc judg ncnI n hc acIon or Io ndc nni or rci nbursc !or pay ncnIs nadc Io saIis
Ihc judg ncnI durng Ihc discovcry proccss. I Prior Io Ihs courts di Icrcd on whc hcr this
in!or naIion shou d bc subjccI Io discovcry. 1hc lcdcraI RuIcs o! CvI Proccdurc cIari cd IhaI
discIosurc was !avorcd

As Ihc Advisory Co nniItcc oIcs Io Ihc lcdcraI RuIcs ndicaIc
discIosurc aIIows cach sidc Io dcIcr ninc Ihc acIuaI vaIuc o! Ihc casc and cnabIcs cach sidc Io
ncgoIiaIc a !ar sct Ic ncnI csscnIiaIIy discIosurc IcvcIs Ihc pIaying \cId.

Morc rcccnIIy, I 6 jurisdcIions incIuding MaryIand Vrginia and WcsI Virginia havc
gonc onc sIcp hcr and adopIcd Iaws rc |uring insurcrs Io discIosc covcragc Ii niIs prior Io
IiIigaIon.

Thc Ihcory bchind Ihcsc sIaIc Iaws is si niIar Io Ihc idca bchnd Ihc lcdcraI RuIcs o!
CivI Proccdurc discIosurc o! Ihc Ii nIs prc IIigaIon advanccs "!amcss and Iransparcncy n hc
ncgoIiaIon proccss.
:
WhiIc covcragc Ii niIs in!or naIion s avaiIabIc aRcr an ndividuaI has
Icd suiI Ihc ndividuaI rc nains aI a dsadvanIagc during any ncgoIiaIion or scIIIc ncnI
discussions haI occur pror Io Ihc Ing o! Ihc IawsuI. E:Icndng thc pracIicc Io prc IiIgaIion
siIuaIions cradicaIcs Ihs dsadvanIagc AddiIonaIIy prc IiIigaIon discIosurc wiII aIso Icad Io
sc tIc ncnIs wiIhouI cvcr having Io invoIvc Ihc courts, hcrcby rcducng Ihc a nounI o! IiIigaIion
and court congcsIon.

Cvcn Ihc advanIagcs Io prc IiIigaIion dscIosurc as wcII as Ihc growing
nu nbcr o! sIaIcs IhaI conIc npIaIc such discIosurc iI onIy na :cs scnsc !or Ihc DisIricI aIso Io
aIIow indviduaIs Io gain covcragc I niIaIion in!or naIion wiIhouI pursuing IiIigaIion.
Changes under Bil19-890:
Thc csscncc o! BiII I |0 s IhaI iI aIIows insurcrs Io providc covcragc Ii niIs Io
cIa nanIs aRcr Ihc cIai nanI has sub niItcd Io Ihc nsurcr a wriItcn cIai n and Ihc rc |uircd
docu ncnIaIion as cnu ncraIcd in Ihc bII. AddiIionaIIy i! an indvduaI s :iIIcd n a car accidcnI
BII I |0 aIIows his or hcr csIaIc or bcnc cary Io rc |ucsI covcragc Ii niIs o n an insurcr as
Iong as Ihc csIaIc or bcnc \ciary has providcd Ihc insurcr wiIh Ihc ncccssary docu ncnIs as
ouIIincd in thc b II. Thcsc provisons o ` Ihc Icg .I .I on dd noI ch .igc bcIwccn hc n roduccd
vcrsion and Ihc Co nni cc PrinI
See l3JR 'VP!J()111vis5:, :5mmi..::'s15.:51IJIJm:11m:1.s
|3JR. |VP !J() 1vis5:, :5mmi..::`s15.:51IJIJm:11m:1.s.
3ld
4 JG3SI^I T-TT(!JI!),|.^.SI^IA J!I\ITI(L:<is:\is!JI!),G^ JJ3A TT-T-!
(!JI!), !I|.L.Jv.SI^IA+' 'I1T!15(L:<is:<is !JI!),M3.RVSI^I.i..!1-A, !IJ\E(!JI!),MJ
JJ3A+',CTS. & JJJPlO IJ-IIJ !.5-IIJ1(L:\is:<is!JI!),M^JJAL^wJ:a II II!,M.+!
SI^I I!A !JI(!JI!), ,VRv SI^IA JJJdJ1!(L:<is:<is!JI!), Y |J.L^w T1!J(51s5|
!JI!), G,SI^I TTT(!JI!),R.|GL^wJ !I-I-(!JI!),S JJ3A T-II-!J(!JII),
VISI^IA+'Ti.. !T J1I(!JI!),V^JJ3A JI-1II(!JI!),WV^ JJ3A TT-JF-!(!JI!)
See Bil19-890, Pre-litigation Discover of Insurance Coverage Act of 201 2: Hearing before the Council of the
District of Columbia Comm. on the Judiciar T(D:. I!, !JI!)(w:i..:1s..:m:1.5|Jm:sWTg|i::iL:gis|.iv:
ai:,Ta:T:i|Lw,::sAss5:i.i51 5|M:.:5p5'i.1Wsai1g.51 D.)
61d
Commi tcc on Ihc udiciary
Rcport on BiII I |0
ovcmbcr ! !0I !
Pagc 3 o!
Howcvcr wo changcs wcrc madc o hc Commit cc PrinI bascd on commcn s and
conccms raiscd aI hc CommiItcc s Oc obcr I !
|
hc ang on Ihc biII lirs aI lhc DisIricI o!
CoIumbia !nsurancc !cdcraIion s (DC l rc |ucs Ihc ComniIIcc PrnI spcci cs lha discIosurc
o! covcragc IimiIs and appIicabIc documcnIs docs no cons i u c an admission ha a particuIar
cIaim is subjcc o Ihc insurancc agrccmcn bc wccn tbc insurcr and aIIcgcd orI!casor.
Addi ionaIIy hc Committcc Prin cIar ics ha rcIcasc o! hc documcn s docs noI consIi u c a
wavcr o! any crm or condi ion o! Ihc appIicabIc agrccmcnI bc wccn hc insurcr a id aIIcgcd
ort!casor a id docs no consIi u c Ihc wavcr o! any righ incIuding any poIcnIiaI dc!cnsc ha hc
insurcr may asscrI i! hc casc wcrc o go o r aI. Thc in roduccd vcrsion simpIy indica cd ba
discIosurc o! documcnIaIion undcr hc biII did no cons iIuIc an ad nission Iha aIIcgcd da nagc or
injury was subjcc o tbc poIicy. AI Ihc hcarng DC lrc |ucs cd hc changc in ordcr Io main ain
consisIcncy bc wccn jurisdic ions 7 a id o cnsurc ha rcIcasc o! such docu ncn s wouId no opcn
insurcrs opcn o po cn iaI cvidcnIiary issucs shouId hc casc procccd o raI.
Sccond DC lsuggcsIcd Iha a cIausc bc addcd o BiII I |0 o indica c Iha insurcrs as
wcII as hcir cmpIoyccs a id agcnIs wiII noI bc civiIIy or criminaIIy IiabIc !or discIosing any o!
Ihc in!or naIion as rc |uircd by hc biII. As noIcd aI Ihc Commi Icc s OcIobcr I !
a
hcarng
insurancc compa iics arc conccmcd IbaI i! hcy divuIgc pcrsonaI in!orma ion such as covcragc
IimiIs hcy couId bc hcId IiabIc !or vioIaIing an individuaI s privacy.

Adding this provision o
Ihc Co nni Icc Prin addrcsscs insurcrs conccms and cnsurcs haI insurcrs wiII no bc IiabIc !or
vioIa ing any privacy Iaws soIcIy bccausc hcy rcIcasc in!or naIion as rc |uircd by BiII .|0
!n addiIion o Ihcsc wo changcs wiIncsscs a hc Co nni Icc s Oc obcr I !
a
hcaring aIso
suggcs cd Ihc !oIIowing (!) csIabIishmcnI o! a I ircshoId IimiI and ( !) rc |uiring ha o iIy an
aItomcy may rc |ucs on bchaI! o! his or hcr cIicn covcragc Iimi a ion in!ormaIion om a i
insurcr.

Thc Commi tcc rcjcc s hcsc changcs !or hc rcasons sc !orth bcIow. Witb rcgard o
hc cs abIis imcn o! a IhrcshoId IimiI advocaIcs !or hc Iimi arguc Iha i is ncccssary o rc |uirc
haI an individuaI s IoIaI cIa m amounI bc aI or abovc a ccrIain doIIar amoun bc!orc Ihc
ndv duaI s aIIowcd o u I :c hc p ov s ons sc !o Ih in BII ! |0 n ordcr o pr vcn hvoIous
IawsuiIs

and IhaI a hrcshoId IimiI wiII cnsurc consisIcncy amon jursdic ions bccausc
Ma yIand a id Virginia boIh havc I ircshoId Iimi s o! $.! 00 or morc. 1 Howcvcr o! Ihc I 6
sIaIcs ha rc |uirc prc Ii igaIion discIosurc MaryIand and Virginia a c Ihc o iIy wo ba rc |uirc a
ircshoId 1hus hivoIousncss docs noI sccm Io bc a rcaI probIcm and cons s cncy argucs
7 Bil19-890, Pre-litigation Discover a/Insurance Coverage Act 0/2012: Hearing be/ore the Council a/ the
District a/Columbia Comm. on the Judiciar !-T(D:.I!, !JI!)(w|..:as..:m:a.5!W,a:M:Dw:aE<::a.v:
D|::.5|Dsz:.5|5|Jm5!asJ:a:: |:1:|.5a)[1:|:aU::M:Dw:aIJ.I!I!S..:m:a.j
8 Bil19-890, Pre-litigation Discover 0/ Insurance Coverage Act 0/2012: Hearing be/ore the Council 0/ the
District a/Columbia Comm. on the Judiciar (D:.I!, !JI!)(5||.:s.im5a,5|L:sK|s.ias:aU.5awi1:
!asJ|a::)
M:Dw:aIJI!.!IS..:m:a. supra a5.:I, .T

L:..:|5mM::'A !s|:|Asss.a.V::P|:s1:a.P|5ps!asa|:|sAss `a5!Am .5P1'M:a1:|s5a


1maa 5mm. 5a.1:Ja1::,(D:. !J !JI!)(..:1:1.5.1s|:p5|.)
11
MJJJAxx Is& J0JPlO IJ-IIJT(L:<sU:<.s!JI!),V^ JJA JI\II(!JI!)
Co nniIIcc on Ihc udiciary
RcporI on BiII I |0
ovc nbcr !, !0 .!
Pagc 4 o `
againsI a IhrcshoId. AddiIionaIIy as opponcnIs o ` Ibc IhrcshoId casoncd sc Iing a I icshoId
Ii niIaIion wiII nosI Ii :cIy noI a IccI Ibc nu nbcr o ` `rivoIous cIai ns `or an individuaI can sIiII
obIai i covc agc Ii niIaIions Ihrough Ihc discovcry p occss aRcr \Iing a IawsuiI.

EsIabIishing a
hrcshoId Ii niI `o prc IiIigaIion onIy dcIays noI avoids, Ihc incviIabIc in sucb a casc. lurIbcr
usI bccausc an individuaI docs noI bavc an injury or da nagc IhaI nay rcsuII in a IoIaI cIa n
c |uaI Io o g caIcr han a ccrIan a nou iI docs noI ncan IhaI Ihc individuaI s in u y or da nagc is
any Icss signi \canI o IbaI Ihc individuaI is any Icss cnIiIIcd Io a norc `a ncgoIiaIion and
scI Ic ncnI proccss. lo Ihcsc casons, Ibc Co nni Icc chooscs noI Io incIudc a IhrcshoId Ii niI in
BiII I |0.
Thc Co nmi Icc aIso chooscs noI Io Ii niI Ihc c `\cicncics o ` BiII I |0 Io aIIomcys.
Spcci IcaIIy, wiIncsscs aI Ihc OcIobcr . !
a
hcaring rc |ucsIcd IbaI Ihc Co nni Icc Ii niI hc p c
IiIigaIion discIosurc rc |ucsI abiIi y Io aIIo ncys onIy.

Acco ding Io Ihc IcsIi nony Ii niIing Ihc
abiIiIy Io aI o ncys wouId rcducc Ihc nu nbcr o ` rc |ucsIs and di ninisb Ihc nu nbc o ` i npropc or
insu `\cicnI rc |ucsIs rcccivcd by insu crs.

Tbc Co nni Icc bcIicvcs Ii niIing Ihc abiIi y Io
aIIomcys, aIbciI on bcbaI ` o ` hci cIicnIs gocs agansI Ibc prc nisc o ` BiII I |0 1hc pubIic
poIicy shouId bc IhaI cIai nanIs havc a ighI Io obIain covc agc Ii niIaIion in `or naIion bc `orc
\Iing a IawsuI. 1hc pubIic poIicy is noI mIhc cd by Ii niIing iI Io aI omcys. A individuaI nay
wanI Io cvaIuaIc Ihc Ii niIs Io dcIcr ninc wbcIhc hc o sbc wanIs Io cvcn hirc an a Iomcy Io novc
`orward wiIh sc IIc ncnI o Ihc \Iing o ` a IawsuiI. AddiIionaIIy, so nc individuaIs cannoI a ``o d
Io hirc counscI and nay wisb Io ncgoIiaIc wiIh an insurcr wiIhouI an aIIomcy. ` Ihc abiIiIy Io
na :c Ibc rc |ucsI wcrc Ii niIcd Io aI o ncys, so nc cIai nanIs wouId sIiII bc on an uncvcn pIaying
cId Iac :ing in `or naIion IhaI Ibcy nay nccd Io crcaIc a norc `ar and cvcn ncgoIiaIion and
sc IIc ncnI proccss oIabIy, onIy Iwo sIaIcs -SouIh CaroIina and WcsI Virginia -Ii niI hc p c
IiIigaIion discIosurc proccss Io aI o ncys.
:
O` Ihc oIhcr 14, Ivc sIaIcs spcci \caIIy aIIo v ciIbcr a
cIai nanI or his or hc aIIomcy Io scc : in `or naIion p c IiIigaIion, whiIc Ihc csI c .pIiciIIy indicaIc
IhaI Ihc cIai nanI nusI c |ucsI Ihc in `or naIion

Civcn Ihis Ihc Co nnIIcc bcIicvcs IhaI iI is in
hc bcsI inIcrcsI o ` usIicc noI Io Ii niI BiII I |0 Io aIIomcys, and Io aIIow aII individuaIs Ihc
abiIiIy Io obIain covcragc Ii niIaIion in `or naIion prior Io IiIigaIion.
linaIIy hc Co nniIIcc PinI cIa i \cs IhaI Ihc phrasc "vchicIc accidcnI ' incIudcs
accidcnIs nvoIv tg bicycIisIs. 1his was noI incIudcd in hc nIroduccd vc sion o ` Ihc biII, buI
givcn IhaI bicycIisI sa `cIy, as wcII as bicycIisIs acccss Io usIicc, bas bccn a conIinuing concc n
17
L:..::5m.1:T:||Lw,::sAss5:|..5a5!M:.:5p5||.aWs1|ag.5a, D., .5F1||M:a1:|s5a, 1|:ma,
D|s.:|:.5!5|Jm5|5Ja:||(D:.!J !JI!)[..:1:1 .5.1|s::p5:.).
1
3 M:Dw:aIJI!I!S..:m:a.,supra a5.:, .T
1
4I
u
SJJ,A+' T--!J(!JII),W V^JJ3A TT-J|-![!JI!)
1
6 5aa::.|:J.!|||a5|s,M|a:,Mss:1as:..s a1U:v1||5w:|.1:::||ma.5:1|s5:1::..5m:,.5s::\.1:
|a!5:m.|5a l|5:|1G:5:g.M:,|a1,M|aa:s5.U:wY5:\U5:.1:5||a,R151:!s|a1,V::m5a., a1
V|:g|a|||::J|:::||ma..5::J:s..1:a!5:m.|5a5m|asJ:::s|! p:|5:.5||.|g.|5a S::supra a5.:1!5:
:...|5as.5.1:pp||:5|:s..a.:s
Co nniI cc on Ihc udiciary
Rcpor on BiII I |0
ovc nbcr !, !0 !
Pagc o!
o! Ihis Co nniI cc

incIusion o! accidcnIs invoIving bcycIisIs in BiII I |0 onIy nakcs scnsc.
n rcccnI ycars Ihc DisIricI has sccn growh in bcycIc usagc hrougbouI Ihc ciIy. This has
broughI aIong wIh I norc coIIisions bcIwccn noIorisIs a id bicycIcs. WiIh Ihc ncrcasng
nu nbcr o! coIIisions a id injurcs iI is npor a iI IhaI bicycIsIs havc Ihc sa nc acccss Io jusIicc as
wcII a hc sa nc abiIIy Io ncgoIiaIc and Io p micipaIc in norc in!or ncd scIIIc ncnI a pcc ncnIs
whcn dcaIing wiIh a noIorisI s insurcr as hc or shc wouId havc !hc or shc was driving a noIor
vchicIc whcn nvoIvcd n a coIIision. A bicycIisI s injurics or da nagcs arc no Icss i npor a iI or
sgn ca iI Ihan Ihosc incurrcd by a drvcr n !acI Ihcy arc gcncraIIy norc scrious. Thus BiII
I |0 cnsurcs IhaI bicycIisIs wiII aIso bc cnIiIIcd Io Ihc discIosurc o! covcragc Ii niIaIion
in!or naIion prior Io IiIigaIion.
Acccss Io jusIicc cnco npasscs Ihc righI o! individuaIs Io an c |uaI and IcvcI ncgoIia ion
and scI Ic ncnI proccss BiII I |0 provdcs Ihis. WiIhouI discIosurc o! covcragc Ii niIaIion
in!or naIion prc IIigaIon, cIai nanIs opcraIc in Ihc da :, wiIhouI any idca as Io whc bcr hc
scI Ic ncnI Ihcy arc bcng o!!crcd is !air To crcaIc norc c |uaIiIy and Io providc Ira isparcncy
a id !amcss Io bc ncgoIiaIion and scIIIc ncnI proccss bo h sdcs nccd tII acccss Io in!or naIon
IhaI nay in Iucncc Ihc proccss. As BiII |0 docs jusI haI, Ihc Co nni Icc rcco nncnds
adopIon o! Ihc bII
uIy I 0 ! 0I !
uIy !0 !0I !
II. LEGI SLATIVE CHRONOLOGY
BII I |0, "Prc IiIgaIion Discovcry nsura icc Covcragc AcI o! !0I !
is in roduccd by Chair na i McndcIson and is rc!crrcd Io Ihc Co nniI cc
on Ihc udiciary
oIicc o! !nIcnI Io AcI on BiII I |0 is pubIshcd in Ihc District of
Columbia Register.
uIy !', !0I ! oIicc o ` a PubIic Hcaring on BiII I |0 s pubIishcd in Ihc District of
Columbia Register.
OcIobcr I ! ! 0 ! Thc Co nniIIcc on Ihc udciary hoIds a pubIc hcaring on BiII |0
ovc nbcr ! !0I ! Thc Co nniIIcc on Ihc udiciary narks up BiII I |0
11:5mm|..::1s1:|1 .1:::5v::s.g1.1:||ag- a|:5|a:,4, lJ!! U5v:m5:|l, lJII a1M, TJ, lJIl-
5aI1|sI5pi:5v::I1:ps..w5,::s
Co nmiI cc on Ihc 1udiciary
Rc :or on BiII I |0
III. POSITION OF THE EXECUTIVE
ovcmbcr !!0I !
Pagc 6 o!
WiIIiam P WbiIc Co nmissioncr o! Ihc Dc :a mcnI o! nsu a icc Sccu iIics and Bankng
IcsIi cd on bchaI! o! hc E:ccuIivc in su ::orI o! BiII I |0 noIing IhaI ncighboring
jursdicIions incIuding Ma yIand Virgi iia a id WcsI Virgi iia havc sIaIuIcs sim Ia Io BiII I
|0. 1hc E:ccuIivc did howcvcr suggcsI cha igcs Io Ihc biII so IbaI bc biII wII mir or morc
cIoscIy ncighbo ing jursdicIions 1hc CommiI cc PrinI docs noI incIudc somc o! Ibcsc changcs
!or rcasons discusscd on :agcs 3-4 o! Ibis rc :or
IV. COMMENT S OF ADVI SORY NEIGH BORHOOD COMMI S SIONS
1hc Commi cc rcccivcd no IcsIimony or co nmcnIs om any Advisory cighborhood
Com nission on BiII I |0.
V. SUMMARY OF TESTIMONY
1bc CommiIIcc on Ihc 1udiciary hcId a :ubIic hcaring on BiII I |0 on lrday OcIobcr
I ! !0I !. 1hc IcsIimony sum a i :cd bcIow is !rom IhaI hcarng A co :y o! Ihis IcsIimony is
aIIacbcd Io his rc :o I
Wayne McOwen, Executive Director, Ditrict of Columbia Insurance Federation,
IcsIicd rcgarding scvcraI changcs IhaI DC l bcIicvcs shouId bc madc Io Ihc biII in ordcr Io
cnsurc consisIcncy wiIh ncighboring jurisdicIions
Lars Kristiansen, Nationwide, IcsIi icd in su ::orI o! Ihc in Iusion o! a $I ! 5 00 I ircsboId
IimiI whcb wouId IimiI onIy Ihosc individuaIs whosc IoIaI mcdicaI biIIs and wagc Iosscs
c |uaIcd or c :cccdcd IhaI amou iI Io bc abIc Io obIain insurancc covcragc in!ormaIion !rom
insurcrs
James W Taglieri Trial Lawyers Association of Metropolitan Washington D.C,
IcsIi cd in su ::or o! BiII I |0. M. 1agIicri IcsIi cd IhaI rc |uiring Ihc insurcr Io :roducc
insurancc covcragc in!ormaIion :rior Io Ihc commcnccmcnI o! IiIigaIion wiII :romoIc |uickcr
morc c! icicnI scI IcmcnIs and wII cncouragc c |uaIi y and Irans :arcncy in I ic ncgoIiaIion
:roccss
William P. White, Commissioner, Department .of Insurance, Securities and Banking,
IcsIicd. His co nmcnIs arc su nmari :cd undcr SccIion
AddiIionaI commcnIs and IcIIcrs wcrc rcccivcd by Ibc CommiI cc rcg ading his biII
1bcy a c aIIachc l Io Ihis rc :orI
Committee on the Judiciary
Report on Bill 19-890
November 29 , 2012
Page ' of9
VI. IMPACT ON EXI STING LAW
Bill 19-890 amends the Compulsory/No-Fault Motor Vehicle Insurance Act of 1982 ,
efective September 18,1982 (D.C. Law 4- 155; D.C. Ofcial Code 31-2401 et seq.) by adding
a new section that requires insurers to provide claimants with the applicable coverage limits prior
to the claimant filing a lawsuit. Currently claimants are only able to obtain this information afer
they have fled a lawsuit, which hinders a claimant's ability to negotiate fairly with an insurer
during any settlement discussions that occur prior to litigation. Bill 19 -890 delineates the
documentation that a claimant must provide in order to obtain the coverage limits, indicates that
an insurer has 30 days to respond to a request, ensures that disclosure by the insurer does not
constitute a waiver of certain rights held by the insurer, and specifies that an insurer cannot be
held civilly or criminally liable for complying with this bill. Additionally, any information
disclosed pursuant to Bill 19-890 is inadmissible as evidence if litigation occurs. Further, this
bill enables bicyclists, as well as motor vehicle drivers, the ability to obtain the coverage limits.
VII. FI SCAL IMPACT
The attached November 20, 2012 Fiscal Impact Statement from the Chief Financial
Oficer states that fnds are suficient to implement Bill 19-890.
Section I
Section 2
Subsection (a)
Subsection (b)
VIII. SECTION-BY- SECTION ANALYSI S
States the short title of Bill 19-890.
Amends the Compulsory/No-Fault Motor Vehicle Insurance Act of 1982
(D.C. Law 4- 155; D.C. Official Code 31- 2401 et seq.) by adding a new
section, which states the following:
Indicates that afer an insurer has received a written claim for damages or
reimbursement arising out of a vehicle accident and received the
documentation required by subsection (b) or (d) of this section, an insurer
shall release to the claimant the applicable coverage limits under which an
insurer may be responsible for satisfing all or part of a claim or liable for
indemnifing or reimbursing payment made to flfll a claim.
Outlines the documentation that a claimant needs to provide to an insurer
in order to obtain the applicable coverage limits.
Committee on the Judiciary
Report on Bill 19-890
November 29, 2012
Page 8 of9
Subsection (c)
Subsection (d)
Subsection (e)
Subsection (H
Subsection (g)
Subsection (h)
Section 3
Section 4
Describes the documentation that an individual's estate or a beneficiary of
the deceased, whose death resulted fom a vehicle accident, must provide
in order to acquire the applicable policy's coverage limits.
Mandates that an insurer has 30 days to divulge the applicable coverage
limits afer it has received the documentation put forth in subsections (b)
or (c).
Specifies that the disclosure of materials as required by this bill does not
constitute an admission that a claim is subject to the applicable agreement
between the insured and the tortfeasor. Further, disclosing the applicable
coverage limits or other documents required by the bill is not a waiver of
any term or condition of the applicable agreement between the insurer and
the alleged tortfeasor or a waiver of any right of the insurer, including the
insurer's right to assert a particular defense during litigation. This difers
and is broader than the introduced version of Bill 19-890.
Prevents an individual fom holding an insurer, its agents, or its employees
civilly or criminally liable for releasing documents as required by this bill.
This immunity was not included in the introduced version of the bill.
States that disclosing information as required by this bill does not make
the information admissible as evidence at trial.
Notes that for the purposes of Section 2 of this bill, the term "vehicle
accident" includes accidents involving bicyclists. This subsection was not
included in the introduced version.
Adopts the Fiscal Impact Statement.
Establishes the effective date by stating the standard 30- day Congressional
review language.
IX. COMMITTEE ACTION
On November 29 , 2012, the Commitee met to consider Bill 19-890, the "Pre- litigation
Discovery of Insurance Coverage Amendment Act of2012 . " The meeting was called to order at
12:24 p. m. , and Bill 19-890 was the tenth item on the agenda. Afer ascertaining a quorum
(Chairman Mendelson and Councilmembers Bowser, Cheh, and Evans present), Chairman
Mendelson moved the print with leave for staff to make technical and conforming changes.
During discussion, Councilmember Evans expressed concer over the lack of a threshold
amount. Chairman Mendelson responded that 14 of 1 6 states have no threshold, and thus, the
CommiIIcc on Ihc udiciary
Rcport on BiII I |0
Novcmbc !, !0 . !
Pagc o!
C i

nmiIIcc PinI !oIIows Ihc pubIic poIicy o! a majo iIy o! thc sIaIcs IhaI aIIow p c IiIigaIion
discIosu c CounciImcmbc Bowsc sIaIcd IhaI shc bcIicvcd Ihis biII couId Icad to highc
scItIcmcnt and Ihc c!o c highc aIcs !o Dist icI csidcnts AddiIionaIIy shc indicaIcd IhaI an
aIIc naIivc vicw c :isIcd wiIh cg ad Io thc Ih cshoId issuc and cauIioncd moving !o wa d
IcgisIaIion IhaI wouId causc insu ancc atcs to isc. Chai man McndcIson cpIicd IhaI aIcs
wouId not inc casc, as Ihc in!o maIion sought is cu rcnIIy avaiIabIc th ough discovc y oncc an
individuaI \Ics a IawsuiI BiII .|0 aIIows Ihc in!o maIion Io bc avaiIabIc wiIhouI \Iing a
IawsuiI and wiII possibIy Icad Io mo c scttIcmcnts which a c mo c c .pcnsivc Ihan scIIIcmcnIs
ARc discussion, Ihc votc on thc p int was unanimous (Chai man McndcIson and
CounciImcmbc s Bowsc Chch and vans voting ycs . Chai man McndcIson Ihcn movcd Ihc
cpo t with Icavc !o sta T to makc tcchnicaI cdiIo iaI and con!o ming changcs ARc an
opportunity !o discussion Ihc voIc on thc cpo t was unanimous (Chai man McndcIson and
CounciImcmbc s Bowsc , Chch and Evans voting ycs Thc mccIing adjo mcd at I . !. p m
X. ATTACHMENT S
I . BiII I |0 as inI oduccd
! Writtcn IcsIimony and commcnts
3. liscaI !mpact SIaIcmcnI
4 . CommitIcc PinI !o BiII I |0
COUNCIL OF THE DISTRICT OF COLUMBIA
1350 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
Memorandum
From:
Date:
Subject:
Nyasha Smith, Secretary to the Co cil
July 13,2012
Referral of Proposed Legislation
Notice is given that the attached proposed legislation was intoduced in the
Legislative Meeting on Tuesday, July 10, 2012. Copies are available in Room
10, the Legislative Services Division.
TITLE: "Pre-litigation Discovery of Insurance Coverage Act of2012", B19-
0890
INTRODUCED BY: Chairman Mendelson
The Chairman is referring this legislation to the Committee on the Judiciary.
Attachment
cc: General Counsel
Budget Director
Legislative Services
1
2
3
4
5
6
7
8
9
10
11
12
13
14
A BILL
'L
.
hairman Phil Mendelson
15 I THE COUNCIL OF THE DISTRICT OF COLUMBIA
16
17
18
19
20 Chairman Mendelson introduced the following bill, which wa referred to the Committee
21 on
~~
22
23 To require pre-litigation disclosure of any insurance agreement under which certain
24 persons may be liable to satisf all or part of the claim or to indemnif or
25 reimburse for payments made to satisf the claim by insurace companies in order
26 to facilitate settlements and to reduce the amount of litigation in the Superior
27 Court of the District of Columbia.
28
29 BE IT ENACTED BY THE COUNCIL OF THE DISTRIC
T
OF COLUMBIA,
30 That this act may be cited as the "Pre-litigation Discovery of Insurance Coverage Act of
31 2012".
32 Sec. 2. Prelitigation Discovery of Insurance
33 (a) Afer a claimant makes a written claim for compensation or damages
34 concering a vehicle accident, and provides the documents described in subsection (b) or
35 (d) of this section to an insurer, the claimant may obtain from the insurer documentation
36 of the applicable limits of coverage in any insurance agreement under which the insurer
37 may be liable to:
(1) Satisf all or part of the claim; or
2 (2) Indemnify or reimburse for payments made to satisf the claim.
3 (b) In order for a claimant to obtain the prescribed documentation in subsection
4 (a) from the insurer, the claimant must provide the following, in writng, to the insurer:
5 (1) The date of the vehicle accident;
6 (2) The name and last known address of the alleged tortfeasor;
' (3) A copy of the vehicle accident report, if any;
8 (4) The insurer's claim number, if available;
9 (5) The claimant's health care bills and documentation of the claimant's
10 loss of income, if any, resulting from the vehicle accident; and
11 (6) The records of health care treatment for the claimant's injuries caused
12 by the vehicle accident.
13 (c) The insurer shall respond in writing within thirty (30) days of receipt of the
14 request ad shall disclose the limits of liability, at the time of the accident, of policies,
15 regardless of whether the insurer contests the applicability of the policy to the injured
16 person's claim.
17 (d) If the claim is brought by the estate of an individual or a beneficiary of the
18 individual, whose death resulted from a vehicle accident, the insurer must provide the
19 documentation described in subsection (a) of this section if the claimant provides the
20 following, in writing, to the insurer:
21 (1) The date of the vehicle accident;
22 (2) The name and last known address of the alleged tortfeasor;
23 (3) A copy of the vehicle accident report, if any;
2
1 (4) The insurer's claim number, if available;
2 (5) A copy of the decedent's death certificate issued in the District of
3 Columbia or another jurisdiction;
4 (6) A copy of the letters of administration issued to appoint the personal
5 representative of the decedent's estate in the District of Columbia or a substantially
6 similar document issued by another jurisdiction;
7 (7) The name of each benefciary of the decedent, if known;
8 (8) The relationship to the decedent of each known benefciary of the
9 decedent;
10 (9) The health care bills for health care treatment, if any, of the decedent
11 resulting from the vehicle accident; and
12 (10) The records of health care treatment for injuries to the decedent
13 caused by the vehicle accident.
14 (e) Afer receipt of the documents described in subsection (d) of this section, the
15 insurer shall respond in writing within thirty (30) days of receipt of the request and shall
16 disclose the limits of liability, at the time of the accident, of all policies, regadless of
17 whether the insurer contests the applicability of the policy to the claim.
18 (f) Disclosure of the policy limits under this section shall not constitute an
19 admission that the alleged injury or damage is subject to the policy.
20 (g) Information concering the insurance policy is not, by reason of disclosure
2 I pursuant to this section, admissible as evidence at trial.
22 Sec. 3. Fiscal impact statement.
23 The Council adopts the fiscal impact statement in the committee report as the
3
D),trc' ,l CQliml>la
insuran F e.raton
DISTRICT OF COLUMBIA INSURNCE FEDER nON
P.O. Box 34757 Washington DC 20
e-mail: '\.lll'O"cna dcif.org Tel: 202.797.0757
Testimony of
District of Columbia Insurance Federation
Befor the
DC Council Commitee on the Judiciary
12 October 2012
Bill 19-890
"Pre-litigation Discovery of Insurance Coverage Act of 2012"
P.O. Bx 3757

Wasbington, DC 204

pb 202.797.f757
Good moring Chairperon Mendelson and members of the Commitee on the
Judiciar. My name is Wayne E. McOen. I represent the District of Columbia
Insurance Federation (DCIF), a state insurance trade association whose members
provide propery, casualty, lif and health insurance product and serices in the
District of Columbia. On behalf of the DCIF, I ofr the following remarks with
regard to Bill 19-890, the "Pre-litigation Discovery of Insurance Coverage Act of
2012."
First, I would like to point to the advantages of uniform, or near unifor,
legislation among jurisdictions and, in paricular, among contguous jurisdictions.
Marland, Virginia and West Virginia have recently enacted legislation for the
purpose of requiring cerain insurers to disclose to cerin claimant under
cerain circumstances cerain limits of coverage. We encourage the committee to
consider modifcations to the current draf which will enable insurers to handle
similar situations among jurisdictions seamlessly, more eficiently, and still
achieve the outcomes sought by proponent of this initiative.
The DCIF will provide copies of the aformentioned legislation, but here are
specifc changes we suggest be enterined by the Commite to enable
consistency and, hence, greater efciency of the system without compromising
the stated objective:

Disclosure of the required documenttion does not constitute


o An admission that a claim is subject to the applicable agreement
beteen the insurer and the alleged torasor; or
o A waiver of any term or condition of the applicable agreement
beteen the insurer and the alleged torfeasor or any right of the
insurer, including any potential defnse concerning coverage or
liability

An insurer, and the employees and agent of an insurer, may not be civilly
or criminally liable for the disclosure of documentation requird

The total of all medical bills and wage losses must equal or exceed $12,500

Applicability of the pre-litigation rquirment should be limitd to


requesting atoreys, which will . . .
o Cut down on the sheer number of requests; and
o Signifcantly reduce or eliminate the number of improper or
insufcient (due to lack of required inforation) request that come
to insurer, thus eliminating opporunity for delayed responses
We respectully encourge the Commitee to consider the above changes for the
sake of eficiency and with no impediment to achieving the stated objective.
Thank you for this opporunity to provide testimony on this issue. I look forard
to your questions.
Tr lwer Aston
LMet Wao D
TR LWR ASOCIATON OF METROPOLITAN WASHINGTON, D.C.
1919M_NW, S-3S WOlO6
(8) 65351 fx (1 ) 7_ 1 dctnawer-c.or 1 ww.ta-c.or
THE COMMITTEE ON THE JUDICIARY
Phil Mendelson, Chair
Public Hearing on:
Pr-Litigation Discover of Insurnce Coverge Act of 2012
FRIDAY, OCTOBER 12, 2012
Testmony of Jame W. Taglieri on bhalf of
The Trial Lawer Association o Metplitan Washington, D.C.
Chairman Mendelson and members of the Committee on the Judiciary,
my nam is James W. Taglieri and I am testifing in support of The PrLitigation
Discovery o Insuranc Coverage Ac o 2012, on behalf of the Trial Lawers
Association of Metropolitn Washington, D.C.
Since 1980 Superior Court Civil Rule 26(b)(2) has provided that:
A party may obtain discvery o the existence
and content of any insurance agremnt under
which any person carring on an insuranc
business may be liable to satisf par or all of a
judgmnt which may be entered in the acton or to
indemnif or reimburse for payments mde to
satisf the judgment. Informtion concring the
insurance agreement is not by reason of discoslre
admissible in evidence at trial. For purpoes of this
paragraph, an appliction for insuranc shall not be
treated as part of an insuranc agreement.
From 1970 until 1993 Feeral Rule of Civil Procdure 26 was similar. In 1993
an amendmnt to te federal rl required that such an insuranc agreement be
produced w . . without awaitng a discover rquest..:
TRIAL LAWYERS ASSOCIATION OF METROPOLITAN WASHINGTON, D.C.
October 12, 2012
Page 20f4
The standard rule has always been that the existence of insurance could not be
proved at trial. This is the law in D,C, and is inadmissible under Federal Rule of
Evidence 611,
Until the enactment of Federal Rule 26 there was a dispute regarding the
discovery of the existence of insurance during litigation, The issue was whether the
existence and extent of insurance could be seen as "",relevant to the subject matter
involved in the pending action," Courts which permitted the discovery of insurance
coverage gave the following rationales: (1) collectibility of a judgment is a highly
relevant matter especially in jurisdictions ( like the District ) where there are financial
responsibility laws requiring insurance; (2) ultimately a plaintif would be entitled to this
information once a judgment was entered; and (3) knowledge of the existence and
extent of insurance will lead to a more realistic appraisal of a case and lead to more
settlements,
stated:
The Advisory Committee Note for the 1970 amendment of the Federal Rule
Disclosure of insurance coverage will enable counsel
for both sides to make the same realistic appraisal of
the case, so that settlement and litigation strategy are
based on knowledge and not speculation, It will con
duce to settlement and avoid protracted litigation in
some cases, though in others it may have the opposite
efect. 1
The rationale for requiring the production of the existence and extent of an
insurance agreement pre-suit is even more compelling where the information is
sought pre-suit.
S::S::.|51lJIJ5|:1:||F|:.|::11F|5::1a|:,W||g1.& M|||:|!5| h||o 1|s:ass|515|.1:1|s.5|,11
|.i51|:!5|F:1:||Ru':lJ()[!)[D)
TRIAL LAWYERS ASSOCIATION OF METROPOLITAN WASHINGTON, D.C.
l
October 12. 2012
Page 30f4
First, the information is available once a lawsuit is filed. If counsel for plaintif
requires this information in order to fully advise the client about settlement, counsel will
just file suit in order to obtain the information.
Second, the filing of lawsuits merely to obtain this information is burdensome to
the Court system.
Third, providing this information pre-suit will result in a better ability for plaintiffs
to evaluate their cases and will promote settlement. Making it easier to setle cases
pre-suit will avoid the cost of filing lawsuits and assist in lessening the congestion of the
Court system.
Fourh, disclosure will increase fairness and transparency in the negotiation
process. Carriers will not negotiate unless they see and evaluate whatever
documentation supports a claim. It is only fair, that a claimant be able to see what
insurance coverage is available in order to evaluate setlement prospects.
Fifh, disclosure will allow for earlier notification of an underinsured or uninsured
carrier. This will also assist in resolution and help to avoid unnecessary court filings.
Sixth, disclosure will allow for beter co-ordination of benefits with other crriers
as well as with health carriers and medical providers.
Seventh, counsel will b able to negotiate subroation claims earlier.
Both Maryland and Virginia have statutes which allow for pre-litigation disclosure
of insurance information. Maryland Courts and Judicial Proceedings Section 10-1102,
et seq. Of the Maryland Code allows a claimant to obtain applicable limits of insurance
coverage pre-suit. Sections 10-1103 and 10-1104 spell out the information which a
TRIAL LAWYERS ASSOCIATION OF METROPOLITAN WASHINGTON, D.C.
October 12,2012
Page 40f4
claimant must provide once suit is filed in order to be entitled to this insurance
information. I have attached a copy of the Marland statutory provisions hereto.
Section 8.01-17 of the Annotated Code of Virginia similarly permits a claimant to
obtain insurance coverage information pre-suit once certain information is supplied to
the carrier. A copy of the Virginia statute is attached hereto.
In summary, it was determined long ago that the existence and extent of
insurance coverage must be disclosed once a lawsuit is filed. There is no logical basis
for withholding this information until suit is fled. The sooner it is disclosed the sooner
the parties can engage in full and fair negotiations. Once disclosed, settlements will
occur earlier and lawsuits will be less necessary, thereby saving the parties and the
Court much expense and time.
K IJv!
Karen Evans
7
Jack H. Olender & Associates
President
es Nathanson
egislative Counsel
James Taglieri
Cadeaux, Taglieri & Not
Legislative Chair
HEARING ON
HILL 19-X90
PRE-LTIGATION DISCOVERY OF INSURANCE COVERAGE ACT OF
21H2
COMMITTEE ON THE JUDICIARY
PHIL MENDELSON, CHAIRMAN
***
TESTIMONY OF WILLIAM P. WHITE
COMMISSIONER OF THE DEPARTMENT OF INSURANCE,
SECURITIES AND BANKING
COUNCIL CHAMBERS
ROOM 412
WILSON BUILDING
OCTOBER 12,2012
12:30 P.M.
Good afteroon, Chairman Mendelson and memhers of the Committee on
the Judiciary. I am William P. White, Commissioner of the Department of
Insurance, Securities and Banking ("Department") to present testimony on Bill 19-
X90, the "Pre-Litigation Discovery of Insurance Coverage Act of 2012" CBill").
This Bill requires insurers to provide pre-litigation disclosure of any insurance
coverage which may apply to either party in a vehicle accident.
This Bill continues a trend of similar legislative developments in
neighboring, and other, jurisdictions. The Executive helieves it is judicious of the
Council to consider enacting legislation of this type so that insurance consumers
and insurers throughout metropolitan area are subject to substantially similar
standards of disclosure regardless of where the vehicle accident occurs.
As introduced, the Bill differs in several ways from similar legislation
recently enacted in other jurisdictions, and the Executive looks forward to working
with the Committee and Staff to refine the existing legislative language to address
as many of the technical differences the Committee deems appropriate to achieve
the Bill's underlying policy intent. The Department will be happy to work through
with Committee Staff to achieve as much multi-jurisdictional harmony as possible.
1
I will identify a few examples ()f these differences here and note a few
technical isslies later in this testimony. To start, I w()uld like to draw the
Committee's attention to the one place where the Bill, as introduced, differs most
substantially from other jurisdictions. The Maryland and Virginia comparison
legislation is codified along with related cOllt and judicial proceeding laws- as an
extension of the judicial process. [n this respect, Maryland for example, requires a
claimant to have filed a tort action in order to trigger the sort of pre-litigation
discovery information in question. Further, by including pre-litigation discovery
requirements along with other laws pertaining to judicial proceedings, Maryland,
Virginia, West Virginia and other jurisdictions clearly contemplate the judiciary
having the authority to enforce the pre-litigation discovery requirements. As
currently drafted, the Bill is silent on the issue of enforcement. As written DISH
would have no clear authority or mechanism to enforce the bill's requirements. As
[ am certain you will understand, I cannot speak as to how any other department or
agency might enforce the legislation.
The other jurisdictions also establish some mll11mUm threshold requiring
claimants, however defined, to show a level of commitment to pursue a claim.
West Virginia, for example, requires the pre-litigation request to come from an
attorey for the claimant, not an unrepresented potential claimant. While DISH
would have no authority to enforce this legislation, speaking generally, any agency
2
entrusted with enforcement would henefit from some clear threshold criteria that
would weed out truly frivolous requests and redlll:e enforcement efforts.
Ultimately, I helieve the Bill's intent is to reduce litigation, not simply shift the
judicial case load from initiation of civil claim actions to initiation of enforcement
actions.
I want to also make two technical observations. First, several key terms
such as "claimant" and "insurer" are not defined in the bill as introduced. Defining
such terms would provide further clarity to the legislation making it easier to
administer and enforce by whichever govermental body that is ultimately charged
with enforcement. Second, as the Committee considers where best to codify this
legislation, the Committee should be aware that DC Official Code Section 31-
2413(a) (7) currently provides that insurance information must be produced upon
demand by a law enforcement officer. Further, 18 DCMR Section 80004 currently
provides that a person may obtain the name of an insurance company and policy
number connected to a particular vehicle from the Department of Motor Vehicles.
I respectfully request that the Council consider the information and concers
shared here as the Council and the Executive continue to be in the forefront of
protecting District residents.
3
This \ondudes my testimony today. and [ am available to answer any
questions that the Committee may have.
4
r. 111, :;Ullt. 11, ;l.,(!.- Afllll)!, '.10 lf3; JllO PHO f. 10, liht. " , :"f< ' ,'"110'
\Vt'st's Annotated Code of MarY\;lI11l
Courts ;lnd .JlIdiciall'r<Jt'Itdings
Tille
1
0, Evidenl't!
Suhtitle t 1. Prl'litiation DiscOVl'ry
MD Code, Courts and .1'
1
<licial Pro<.eedings, T. H, Subt. 11, Refs & Anno.
( t1lTl'ntntSs
,vlD Code, Courts and ludicialProccedings, T 10, Sub!. II, Refs & Anno., MD CTS & IUD PRO T. 10, Sub!. 11, Refs &
Annos
The statutes and Constitution are Clirrent through all chapters of the 20 t 2 Regular Session and the First and Secund Special
Scssions of the General Assembly.
) 1 0-1101. 'htlnitll1n. J0 CT3 ' JUO PRO 10-11 r1
Wt'st'! Annotated {'\HIe IIf Maryland
Courts and ,Jlldidal Pnl('t'etlins
Title 10. Evidence (Refs & Annos)
S11htitle 11. pfI'litigation Discovery (Refs & ,\nnos)
MD Code, Courts and .Judicial Proceedings, to-1101
LC}-IIOI. DefInitions
Currentnt!SS
In general
<a) In this subtille the tollowing words have the meanings indicated.
Benefciary
(b) "Beneficiary" means individual who may bring an action for wrongful death under Title 3, Subtitle 9 of this article.
Claimant
(c) "Claimant" means:
(I) A person who alleges damages as a result of a vehicle accident or an attorey who represents the person; or
(2) A personal representative of the estate of a decedent who died as a result of a vehicle accident or a attorey who represents
the personal representative of the Istate of the decedent.
Insurer
(d) "Insurer" includes a property and casualty insurer, a self-insurance pla, or any person required to provide indemnifcation
fOT a claim for wrongful death, personal injury, or property damage.
Vehicle
(e) "Vehicle" has the meaning stated in 11-176 of the Transportation Article.
Credits
Added by Acts 2011, c. 76, I, elI Oct. 1,2011; Acts 2011, L. 77, I, etI Oct. 1,2011.
MD Code, Courts and ludicial Proceedings. 10-1101. MD CTS & JUD PRO 10-1101
The statutes and Constitution are current through all chapters of the 2012 Regular Session and the First and Second Special
Sessions of th. General Assembly.
I' 'hi of Dl)fUJlltllt
i 101102. Oocl1lnOnt:ltion rl;ltiIlfJ to limit" I)f roVnrl'l9, ,'110 GT".\ JUD PRO 101102
\Vtst's Annotated Code of MaryiaIHl
Cl)urts anti.Judicial Pr()(:tedins
Title t. Evidence (Refs & Anl1os)
Subtitle It. Prelitigation Dis(;overy (Refs & Annos)
M 0 Code, Courts and ,Iudicial Proceedings, lO-lto'
10-1102. Documentation ['elating to limits of covr:lge
Cllrrentness
Aner a claimant tiles a written tort claim concering a vehicle accident and provides the documentation described in I ()-11 ()]
or 10-1 104 of this subtitle to an insurer, the claimant may obtain from the insurer documentation of the applicable limits of
coverage in any insurance agreement under which the insurer may be liable to:
(I) Salisi all or pat of the claim; or
(2) (ndemnif or reimburse for payments made to satisf the claim.
Credits
Added by Acts 2011, L. 76. I, elf. Oct. 1.2011; Acts 2011. L 77. I. eff. Oct. 1.2011.
MD Code, Courts ad ludicial Proceedings, 10-1102, MD CTS & JUD PRO 10-1102
The statutes and Constitution are current through all chaplers of the 2012 Regular Session and the First and Second Special
Sessions of the General Assembly.
i 1 01103. DQcUlnontJllon providod 10 d.lirn,lIlls, . .,0 C rs ,I .JUO PRO 10.1 1 03
West's Annotated Code of Maryland
Cours and .h1didal Pr()('I{'tlins
Title 10. Evidenee (Ilefs & Annos)
SlI btith, I I. Pr"litiation Discovery (Res 1 Annos)
MD Code Courts and Judicial Proceedings, 10-1 10:1
1 0-l I0:1. Dm'.umentalion provided to claimants
Currentness
Application ofsectlon
(a) This section does not apply to a claim described under * 1 0- 1 1 04 of this subtitle.
Information provided by claimant
(b) A claimant may obtain Ihe documentation described in 1 0- 1 1 02 of this subtitle if the claimant provides in writing to the
insurer:
( I ) The date of the vehicle accident;
(2) The name and last known address of the alleged tortfeaor;
(3) A copy of the vehicle accident report. if available;
(4) The insurers claim number, if available;
(5) The claimant's health care bills and documentation of the claimant's loss of income, if any, resulting from the vehicle
accident; and
(6) The records of health care treatment for the claimant's injuries caused by the vehicle accident.
lIealth care bills and loss of income documented by claimant
(c) [fthe amount of the health care bills and loss of income documented by the claimant under this section is at least $1 2,500,
the insurer shaH disclose in writing the applicable limits of coverage in each written agreement under which the insurer may
be liable.
Credits
Added by Acts 201 1, c. 76, I, etf Oct. I, 20 II; Acts 20 I I . c. 77, I, eff. Oct. I , 20 I I .
MD Code, Courts and ludicial Proceedings, 1 0-1 103, MD CTS & IUD PRO 10-1103
The statutes and Constitution are current through all chapters of the 2012 Regular Session and the First and Second Special
Sessions of the General Assembly.
\
1 0.1 1 04. Doctlmnntation providfd to 'Itata \Jf bOfllJfici;lr + + . , .110 C r' ,\ JUO PRO ...
West', Annotated Code of Marland
COUlts and Judici al PrOleedins
Title 10. Evidence (Refs & AnnosJ
Subtitle 11. i'relitigation Dis"overy (Ret:. l Annos)
MD Code. Courts and Judicial Proceedings 10-1104
10-1 104. Do('umentation provided to eDtte Of henefdary of individuals
Currentness
Sectlon applicable to claim. by e.tato or bononci.ry or doco.sed individual
(aJ This section applies to a claim by the estate of an individual or a benefciay of the individual resulting from the death of
the individual in a vehicle accident.
Inrorm.tloD provided by claimant
(b) A claimat may obtain the documentation described in 1 0-1 1 02 of this subtitle if the claimant provides in writing to the
insurer:
(I) The date of the vehicle accident;
(2) The name and last known address ofthe alleged tortfeaor;
(3) A copy of the vehicle accident report, if available;
(4) The insurer's claim number, i favailable;
(5) A copy of the decedent's death certifcate issued in the State or another jurisdiction;
(6) A copy of the letters of administration issued to appoint the personal representative of the decedent's estate in the State
or a substatially similar document issued by another jurisdiction;
(7) The name of each benefciary of the decedent, if known;
(8) The relationship to the decedent of each known beneficiar of the decedent;
(9) The amount of economic damages, if any, claimed by each known benefciar of the decedent, including ay amount
claimed based on future loss of eaings of the decedent;
( 1 0) The health care bills for health care teatent, i fany, of the decedent resulting fom the vehicle accident;
(I I ) The records of health care treatment tor injuries to the decedent caused by the vehicle accident; and
( 1 2) Documentation of the decedent's past loss of income, if any, resulting from the vehicle accident.
Creits
Added by Acts 201 l , c. 76, l , etf Oct. l , 20 1 1 ; Acts 201 1 , c. 77, l , ef. Oct. l , 20 1 1 .
MD Code, Courts and Iudicial Proceedings, 10-1 104, MD crs & IUD PRO 10- 1 1 04
The statutes and Constitution are current through all chapters oflhe 2012 Regula Session and the First and Second Special
Sessions of the General Assembly.
' t o- 1 1 04. OOCUlOtUlt..Hlnfl providllrl to t' t.lte f ht)n'tfit:i.IIY . . , ,',10 (;T< JIJO PRO . . .
. - ] , . l ii:t ` v !
i 1 0 1 1 05. Fnrrn Inri prncodllnl (or dldOSIl(, '10 c rs .l JUD PHD ' 1 0-1 1 05
\Vt>st's Annotattcl Code of Maryland
('Olllts and .hulil'ial PrC)('(cdins
Ti tle 1. Evident'. ( l{cfs & Annos)
Suhtitle t t , l'rtlitigation Dis('()vpry (Refs & ,\nnns)
MD Code, Courts and .Iudicial Proceedings, 10-\105
i 10- 1 10,, Fom and procedure for disclosure
(lIlTentness
I)ocumentation in writing
(a) An insurer shall provide in writing the documentation described under * 1 0- 1 1 02 of this subtitle within 30 days arter the
date of a request in accordance with I C)-I I OJ or I f)- I I 04 of this subtitle, regardless of whether the insurer contests the
applicability of coverage to a claim.
Liability for disclosure
(b) An insurer, and the Imployees and agents of an insurer, may not be civilly or criminally liable for the disclosure of
documentation required under this subtitle.
Disclosure not admission or waiver
(c) Disclosure of the documentation under this subtitle does not constitute:
( I ) An admission that a claim is subject to the applicable agreement between the insurer and the alleged tortfeasor; or
(2) A waiver of any term or condition of the applicable agreement between the insurer and the alleged tortfeasor or any right
of the insurer, including any potential defense concering' coverage or liability.
Admissibility of documentation as evidence
(d) Documentation disclosed under this subtitle is not admissible as evidence at trial by reason of its disclosure under this subtitle.
Credits
Added by Acts 201 1. L. 76. I . elf Oct. 1. 2011; Acts 2011 , L 77. I . elf Oct. 1 , 2011.
MD Code, Courts and Judicial Proceedings, 10-11 05. MD CTS & JUD PRO 10-1 105
The statutes and Constitution are current through all chapters of the 2012 Regula Session and the First and Second Special
Sessions of the General Assembly.
!-" nd !lf J)nfunH'lIt
8.01-17. Copies of written statements or transcriptions of ++ VA ST 8.01-17
West's Annotated Code of Virgnia
Title 8.01. Civil Remedies and Procedure (Refs & Annos)
Chapter 1. Evidence (Refs & Annos)
Artcle
9
. Miscellaneous Provisions
VA Code Ann. 8.01-417
8.01-417. Copies of written statements or tansciptons of verbal statements by injured person to be delivered
to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits
Currentess
A. Any person who takes fom a person who has sustained a personal injury a signed written statement or voice recording of
any statement relative to such injur shall deliver to such injured person a copy of such written statement forthwith or a verified
typed tscription of such recording within 30 days fom the date such statement wa given or recording made, when and if
the statement or recording is tscribed or in all cases when requested by the injured person or his attorey.
B. Unless otherwise ordered forgood cause shown, when one party to a civil proceeding subpoenas documents, the subpoenaing
party. upon receipt of the subpoenaed documents. shall. if requested in writing. provide tue and fll copies of the sae to arty
other party to the attorey for any other party. provided the other party or attorey for the other party pays the reasonable
cost of copying or reproducing the subpoenaed documents. This provision does not apply where the subpoenaed documents are
retomahle to ad maintained by the clerk of court in which the action is pending.
C. Afer he gives written notice that he represents an injured person, an attorey, or an individual injured in a motor vehicle
accident ifhe is not represented by counsel, may, prior to the fling of a civil action for personal injuries sustained as a result
of a motor vehicle accident. request in writing that the insurer disclose the limits of liability of any motor vehicle liability or
ay personal injur liability insurance policy that may be applicable to the claim. The requesting party shall provide the insurer
with the date of the motor vehicle accident, the name and last known address of the alleged tortfeasor. a copy of the accident
report, if ay, and the claim number, if available. The requesting pa shall also submit to the insurer the injured person's
medical records. medical bills. and wage-loss documentation. if applicable. pertaining to the claimed injury. If the total of all
such medical bills and wage losses equals or exceeds $12.500. the insurer shall respond in writing within 30 days of receipt
of the request and shall disclose the limits of liability at the time of the accident of all such policies. regardless of whether the
insurer contests the applicability of the policy to the injured person's claim. Disclosure of the policy limits under this section
shall not constitute an admission that the alleged injur or damage is subject to the policy. Infonnation concering the insurance
policy is not by reason of disclosure pursuat to this subsection admissible as evidence at tial.
D. Afer he gives written notice that he represents the personal representative of the estate of a decedent who died as a result of
a motor vehicle accident, an attorey, or the personal representative of te estate of the decedent who died as a result of a motor
vehicle accident ifhe is not represented by counsel, may, prior to the fling ofa civil action for wrongfl death a a result of a
motor vehicle aCcident, request in writing that the insurer disclose the limits ofliability of any motor vehicle liability insurance
policy or any personal injur liability insurnce policy that may be applicable to the claim. The requesting party shall provide
the insurer with the dale of the motor vehicle accident, the nae and last known address of the alleged tortfeasor. a copy of the
accident report. if any. and the claim number. if available. The requesting party shall submit to the insurer the death certifcate of
the decedent; the certifcate of qualifcation of the personal representative of the decedent's estate; the names and relationships
of the statutor benefciaries of the decedent; medical bills. if any. supporting a claim for damages under subdivision Tof
8.01 -52; and. ifat the time the request is made a claim for damages under clause (i) of subdivision 2 of 8.01-52 is anticipated.
a description of the source. amount. and payment history of the claimed income loss for each benefcia. The insurer shall
respond in writing within 30 days of receipt of the request ad shall disclose the limits ofliability at the time of the accident
of all such policies, regadless of whether the insurer contests the applicability of the policy to the personal representative's
" -,,,.",",-.,,..,,.,,,,.-.-,--------,-----,-,
i., <!dwNxt 1
8.01-17. Copies of written statements or transcriptions of .. , VA ST 8.01-17
claim. Disclosure of the policy limits under this section shall not constitute an admission that the alleged death or other daage
is subject to the policy. Infonnation concering the insurance policy is not by reason of disclosure pursuant to this subsection
admissible as evidence at tial.
Credits
Acts 1977, c. 617. Amended by Acts 2004, c. 345; Acts 2005, c. 21 1 ; Acts 2008, c. 819; Acts 2010, c. 354; Acts 2010, c. 435.
VA Code Ann. 8.01-417, VA ST 8.01-417
Current through End of2012 Reg. Sess. ad End of2012 Sp. Sess. 1.
End of Do('umenl i') _01 2 Thnrn,)tl Renters. No claim to original t . S. CJovcrnmellt Wok,.
336F2. Disclosure of cerain insurance information required, W ST 336F2
West's Annotated Code of West Virginia
Chapter 33. Insurance
Artcle 6F. Disclosure of Nonpublic Personal Information
W. Va. Code, 33-6F-2
33-6F-2. Disclosure of certain insurance informaton required
Ef ectve: June 8, 2012
Currentness
Notwitstanding the provisions of section one, article sixf of this chapter:
(a) Each insurer that may provide personal lines liabilit insurance coverage as that tenn is defined in section nine, article
twelve of this chapter to pay all or a portion of a claim asserted against an insurance policy insuring a motor vehicle shall
provide, witin thirty days of its receipt of a written request fom a claimant's attorey who has given written notice tat he
or she represents the claimant:
(1) A response providing the following infonnation relating to each of the insurer's known policies of insurance, including
excess or umbrella insurace, which does or may provide liabilit coverage for the claim:
(A) The name of the insurer;
(8) The name of each naed insured of the subject policy; and
(C) The limits of any motor vehicle liability insurace policy at the time of the events that are the subject of the claim; or
(2) The declarations page of any motor vehicle liability policy applicable at the time of the event that ae the subject of the
claim, appropriately redacted to comply with applicable privacy laws or regulations;
(b) Any written request by the claimant's attorey under this section must include: (1) The date ad location of the events that
are the subject of the claim; (2) the nae ad, if known, the lat kown address of the insured; (3) a copy of the accident
or incident report, if any; (
4
) the insurer's claim number; (5) a good faith estimate and documentation of all of the claimanfs
medical expenses if ay ad ay wage loss documentation as of the date of the request, ifany; and (6) documentaton as of the
date of the request of any and all property damage.
(c) Disclosure of the infonnation required by subsection (a) of this section shall not constitute an admission that the alleged
injury or damage is subject to the policy, nor shall such disclosure waive any reservation of rights a insurer ma have.
(d) No information disclosed by any party pursuant to this section shall be, by reason of such disclosure, admissible as evidence
at tial.
(e) A insurer's compliance with this section does not constitute a violation of this article, or subsection twelve, section eleven,
article six of this chapter.
(I An insurer that fils to comply with this section is subject to a penalty of fve hundred dollars, plus reasonable attoreys'
fees ad expenses incurred in obtaining disclosure of the information required by subsection (a) of this section. This penalty is
the sole and exclusive remedy for an insurer's failure to comply with this section.
Credits
Acts 2012, c. 95, eff. June 8, 2012.
COVBn;rnent
33-SF-2. Disclosure of certain insurance information required, W ST 33-6F-2
w. Va. Code, 33-6F-2, W ST 33-6F-2
Current with laws of the 2012 First Extraordinar Session
End of llocumcnt 1; :,01 : ThulTlson Renter,, "'0 claim to original l.:.S. (jovcrnm('nl Work,.
No 1Q O!' '!l' U S Govsmn'snt
TRIAL LAWERS ASSOCIATION OF METROPOLITAN WASHINGTON, D.C.
1919 M Steet N, Suite 350, Washingon, DC 20036
(202) 659-3532 I fax(202) 75-9040 I dctalawers@ta-dc.or I ww .tla-dc.or
Trial l.w}'eTs A.soei:l{ion
!I "1Uv1]\\J4u1I[\tI\ !
OFFICERS
President
Karen Evans
President-Elect
Victor Long
Vice President
Denis Mitchell
Treasurer
Joseph Cammarata
Secretary
David Haynes
Immediate Past President
Adam Leighton
BOARD OF GOVERNORS
Kenneth J. Annis
Justin Beall
Catherine Bertram
Janel! Byrd-Chitcbester
Kim Brooks-Rodney
Thomas C Cardaro
Paulette Chapman
Paul Cornoni
Linda M. Correia
Keith Donaboe
David Ginsburg
Jack Gold
Steven Kaminski
Frank Kearney
John S. Lopatto II]
Cbarles Meltmar
Craig Millcr
Christopber Nace
Scott Pury
Meliba Perez-Halpern
Archie Rkh
Ebony Robinson
Christopber J. Russo
John SUingcr
W. Seott Sonntag
Gregory Smith
Jerry Spit
Eric Stravitz
David Tompkins
Kejth W. Watters
AAJ GOVERNORS
Patrick A. Malone
Patrick M. Regan
AAJ DELEGATES
Allan M. Siegel
Salvatore J. Zambo
AAJ MINORrrY CAUCUS
Karen Evans
EXECUTIVE DIRECTOR
Mary Zambri
LEGISL4. T1VE ANALYST
Christina Figueras
October 26, 2012
Chairan Phil Mendelson
District of Columbia Council
1350 Pennsylvania Avenue, NW
Suite 402
Washington, DC 20004
R: Pre-Litigation Discover ofInsurance Coverage Act 0(2012
Dear Chairman Mendelson:
At your request, we have addressed the concer of the DC Insurance
Federation (DCIF) regarding bill 19-890 "Pre-Litigation Discovery of
Insurance coverage Act of2012." In the written testimony of Wayne
McOwen, the DCIF had five proposed suggestions. We have listed them
below along with our response.
I . Include ONE OF the following phrases in the legislation:
a. "Disclosure ofthe required documentation does not constitute an
admission that a claim is subject to the applicable agreement between the
insurer and the alleged torfeasor."
TLA-DC response: TLA-DC has no objection to the addition of this
language.
b. "Disclosure of the required documentation does not constitute a waiver of
any term or condition of the applicable agreement between the insurer and
the alleged tortfeasor or any right of the insurer, including any potential
defense concerng coverage or liability."
TLA-DC response: TLA-DC has no objection to the addition of this
language.
2. A insurer, and the employees and agents of an insurer, may not be civilly
or criminally liable for the disclosure of documentation required.
TLA-DC response: TLA-DC has no objection to the addition of this
language. We are unaware of a privacy law that the insurer would be
violating by disclosing such information and the likely person to which the
insurer would be liable is the carrier's own insured. TLA-OC does not
object and hopes that the addition of this language will encourage settlement
of claims.
3. The total of all medical bills and wage losses must equal or exceed
$12,500.
TLA-DC response: TLA-OC does not support this change in the
legislation. There are many types of claims where the damages are not of a
TRIAL LAWYERS ASSOCIATION 01 METROPOLITAN WASHINGTON, D. C.
October 26, 201 2
Page 2 of2
signifcant monetary value; however, the damage to the injured
person is, nonetheless, sigificant. A few examples of such cases
involve death afer injury and injuries such as broken ribs and
broken noses, These injuries are no less significant to the injured
person. There is no reasonable public policy argument to imposing
a random threshold amount. If a nefarious client or attorey
wanted to "trump up" or increase medical care afer leaing the
applicable limits, as the insurance carriers argue, he/she could do
so afer filing suit and leaing the applicable limits; therefore, the
threshold will not limit bad behavior and faudulent claims,
The only jurisdictions which call for a threshold are Virginia and
Maryland.
The following jurisdictons do not require a threshold:
Connecticut, Florida, Georgia, Illinois, Maine, Massachusetts,
Minnesota, New York, Nevada, Rhode Island, South Carolina,
Vermont, and West Virginia.
4. Applicability of the pre-litigation requirement should be limited to requesting
attoreys.
TLA-DC response: TLA-DC has no objection to the addition of
tis language.
As to the issue of enforceability, we would propose a provision that the carrier b
required to pay a reasonable attorey's fee, not to be less than $ 2,000.00, and costs if one
is required to fle suit in order to compel compliance with this statute.
Thank you for your leadership on this matter.
Respectfully yours,
By &Ji "M IJt
en Evans 7
\president
.
.
'

d
/
t
!. James Nathanson
.J
:
Legislative Counsel
L, 1 cZ '
J
a
mes W, Taglieri
' Legislative Chair
Property Casualty Insurers
Association of America
Shaping the Future of American Insurance
October 26, 2012
The Honorable Phil Mendelson
Chairman, Committee on the Judiciary
Council of the District of Columbia
1 350 Pennsylvania Avenue, NW.
Washington, D. C. 20004
Dear Chairman Mendelson,
Micaela Isler
Assistant Vice President
State Government Relations
On behalf of over 1 ,000 member companies, whom together write more than 27 percent of the property casualty insurance written 'n
the Distict of Columbia, I thank you for the opportunity to comment on B19-890 " Pre-Litigation Discovery of Insurance Act of 201 ."
The expressed intent of the bill is to provide a mechanism for injured parties to discver the insurance limits of a defendant before
suit is fled. The proponents believe that in order to properly advise teir clients about settlement, they must know the amount of
insurance coverage available will promote fairness and transparency and facilitate te settlement negotiation procss.
There are 16 states with similar laws on the books, the two most recent enactments being in the neighboring states of Maryland a d
Virginia. Both laws are the result of thorough negotiation between the various stakeholdrs to ensure that the goals of fcilitting
prompt settlements, protecting privacy of policyholders and eliminating abuse are achieved. To achieve those goals in the District f
Columbia, we make the fllowing recommendations:
1 ) Disclosure requests should only be made by the claimant atorney.
Insurers cncerns with such laws include ensuring that the policyholder's privacy is protected by disclosing insuranc information i
only to those with a legitimate need for iLAs such, only claimant's attorney, who has already provided notice of representation to t e
insurer, should be permitted to make such a request.
2) There should be a threshold of documented damages that must be met prior to making a request.
The bill in its current form requires documentation of the injuries and damages alleged that must be supplied with the request. But e
believe that setting a dollar threshold for such requests is an important protection against frivolous requests.
The majority of these requests arise from auto accidents which could involve limits as low as the statutory minimum of $25,000 pe
person. Virginia ($25,000) and Maryland ($30,000) have similar minimum limits. Setting a damae threshold eliminates frivolous
requests on cases that are clearly well witin the minimum coverage limits while requiring documentation that will encourage quic
settlements of claims that are clearly worth more than the minimum limits.
3)
Insurers must be immune from civil or criminal liability arising from compliance, nor should compliance be conside d
any admission o
f
liability or waiver o
f
any liability or policy de
f
ense.
The purpose of B19-890 is to encourage prompt settlement by faCilitatng an expedited exchange of informaton between the injur d
party and the liablity insurer. Allowing plaintiff to attempt to argue that an insurer has somehow waived any available would have the
opposite efect and clearly be cunterproductive in these situations.
Once again, on behalf of our member companies, thank you for the opportunity to comment on this measure. I can be reached at
(202) 349-7470 should you have questions or need additional information.
Micaela A. Isler
2600 South River Road, Des Plaines, IL 60018-3286 Telephone 847-297-7800 FaCSimile 847-297-5064 www.pciaa.net
Natwar M. Gandhi
Chief Financial Offcer
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REFERENCE:
Conclusion
Government of the District of Columbia
Ofce of the Chief Financial Officer
* * *
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
Natwar M.
Chief FinanCl
November 20, 2012
Fiscal Impact Statement - "Pre-litigation Discovery of Insurance
Coverage Act of 2012"
Bill 1 9-890 Draft Committee Print shared with the Ofce of Revenue
Analysis on November 16, 2012
Funds are sufficient in the FY 2013 through FY 2016 budget and financial plan to implement the
bill.
Background
The bill requires pre-litigation disclosure of any insurance agreement so that involved parties can
factor into their decision on settlement or litigation amounts the defendant's ability to satisf all or
part of a claim as a result of such insurance agreements. As a result, a claimant would be able to
obtain from the defendant's insurer the relevant coverage information without having to file a suit.
The bill extends the same privilege to the estate or beneficiary of an individual killed in a car
accident. Furthermore the bill clarifies that releasing of coverage information would not constitute
an implicit agreement on the insurer's side to fulfill the claim; nor would it create any liability for
the insurance company in a future suit regarding privacy laws.
Financial Plan Impact
Funds are sufficient in the FY 2013 through FY 2016 budget and financial plan to implement the
bill. The changes proposed in the bill do not impact the District's budget and financial plan.
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)7272476
N .cfo.dc.gov
1 COMMITTEE PRINT
2 Co nniI cc on Ihc udicary
3 ovc nbc !, !0I !
4
5
6
7
8
9
10 A B!LL
1 1
12
1 3 I |0
14
15
16 1 1HE COUC!! OlTHE D!S1RCT OlCOLUMB!A
17
18
19
20
21 To rc |urc prc IiIigaIion discIosu c o ` any insurancc ag cc ncnI undcr whch cc tain
22 pcrsons nay bc IiabIc Io saIis aII or parI o ` Ihc cIai n or Io indc nni or
23 rci nbursc `or pay ncnIs nadc Io saIis Ihc cIa n by insurancc co npanics in ordcr
24 Io `aciIiIaIc scIIIc ncnIs and Io rcducc Ihc a nounI o ` IiIgaIion in Ihc Supcror
25 CourI o `Ihc DisIricI o ` CoIu nbia
26
27 BE !1 EACTED BY1HE COUC!L OlTHE DS1RC1 OlCOLUMB!A
28 1haI Ihis acI nay bc ciIcd as Ihc "Prc-IiIigaIion Discovcry o ` !nsu ancc Covcragc
29 A ncnd ncnI AcI o ` !0 I ! .
30 Scc. !. 1hc Co npuIsory/o lauII MoIor VchicIc !nsurancc AcI o ` I |!,
3 1 c ` `ccIivc ScpIc nbcr I | I |! (D.C Ia w4 I , D.C. OciaI Codc J I !40I et seq.) is
32 a ncndcd by adding a ncw sccIion 4a Io rcad as `oIIows
33 "Scc 4a. Prc IiIigaIion Discovcry o ` nsurancc.
34 (a) ARcr a cIai nanI na :cs a wriIIcn cIai n `or co npcnsaIion or da nagcs
35 conccming a vchicIc accidcnI and providcs Ihc docu ncnIs dcscribcd in subsccIion (b) or
36 (d) o ` Ihis sccIion Io an insurcr, Ihc cIai nanI shaII bc cnIiIIcd Io obIain `ro n Ihc insurcr
documentation of the applicable limits of coverage in any insurance agreement under
2 which the insurer may be liable to:
3 "(1) Satisfy all or part of the claim; or
4 "(2) Indemnify or reimburse for payments made to satisf the claim.
5 "(b) In order for a claimant to obtain the documentation described in subsection
6 (a) of this section from the insurer, the claimant shall provide the following, in writing, to
7 the insurer:
8 "(1) The date of the vehicle accident;
9 "(2) The name and last known address of the alleged tortfeasor;
10 "(3) A copy of the vehicle accident report, if any;
1 1 "(4) The insurer' s claim number, if available;
12 "(5) The claimant' s health care bills and documentation of the claimant' s
13 loss of income, if any, resulting fom the vehicle accident; and
14 "(6) The records ofhealth care treatment for the claimant' s injuries caused
1 5 by the vehicle accident.
16 "(c) If the claim is brought by the estate of an individual or a benefciary of the
17 individual, whose death resulted from a vehicle accident, the insurer must provide the
1 8 documentation described in subsection (a) of this section if the claimant provides the
1 9 following, in writing, to the insurer:
20 "(1) The date of the vehicle accident;
21 "(2) The name and last known address of the alleged tortfeasor;
22 "(3) A copy of the vehicle accident report, if any;
23 "(4) The insurer' s claim number, if available;
2
"(5) A copy o!Ihc dcccdcnI's dcaIb ccrticaIc issucd in Ihc DisIrict o!
2 CoIumbia or anoIhcr jurisdicIion,
3 "(6) A copy o! Ihc IcIIcrs o! administraIion issucd to appoinI Ihc pcrsonaI
4 rcprcscnIaIivc ot thc dcccdcnt's cstaIc in Ihc DisIrict o! CoIumbia or a subsIanIiaIIy
5 simiIar documcnI issucd by anoIhcr jurisdicIion,
6 "(7) Tbc namc o! cach bcncciary o! Ihc dcccdcnt, i! known,
7 "(8) 1hc rcIaIionship Io Ibc dcccdcnI ot cach known bcncciary o! thc
8 dcccdcnI,
9 "(9) 1hc hcaIIb carc biIIs !or hcaIIh carc IrcaImcnI, it any, o!Ihc dcccdcnI
10 rcsuIIing !rom Ihc vcbicIc accidcnI, and
1 1 "(I0) Tbc rccords o! hcaIIh carc trcatmcnI !or injurics Io Ibc dcccdcnI
12 causcd by Ihc vchicIc accidcnI.
\3 "(d) ARcr rcccipt o!Ihc documcnIs pursuant Io ciIhcr subsccIion (b) or (c) o! Ihis
14 sccIion, Ihc insurcr shaII rcspond in wriIing wIbin J0 days o! rcccipt o!Ihc rcqucsI
15 pursuant Io subsccIion (a) and shaII discIosc Ibc IimiIs o! covcragc, o! aII poIicics,
16 rcgardIcss o! whcIhcr thc insurcr conIcsIs thc appIicabiIiIy o! Ihc poIicy Io Ihc cIaim.
17 "(c) DiscIosurc o! documcnIaIion rcquircd undcr Ihis sccIion shaII noI consIiIuIc.
1 8 "(I) A admission IhaI Ihc asscrIcd cIaim i s subjccI Io Ihc appIicabIc
1 9 agrccmcnI bcIwccn Ihc insurcr and Ihc aIIcgcd IorItcasor.
20 "(2) A waivcr o! any Icrm or condiIion o! Ihc appIicabIc agrccmcnt
21 bcIwccn thc insurcr and Ihc aIIcgcd Iort!casor or any rigbI o!Ihc insurcr, incIuding any
22 potcnIiaI dc!cnsc conccming covcragc or IiabiIity.
23 "(H An insurcr, and Ihc cmpIoyccs and agcnIs o! an insurcr, may noI bc civiIIy or
3
criminally liable for disclosure of the required documentation.
2 "(g) Infonnation concering the insurance policy is not, by reason of disclosure
3 pursuant to this section, admissible as evidence at trial.
4 "(h) For the purposes of this section, "vehicle accident" includes accidents
5 involving bicyclists.".
6 Sec. 3. Fiscal impact statement.
7 The Council adopts the fiscal impact statement in the committee report a the
8 fiscal impact statement required by section 602(c)(3) of the District of Columbia Home
9 Rule Act, approved December 24, 1973 (87 Stat. 813; D. C. Ofcial Code 1-
10 206.02(c)(3)).
1 1 Sec. 4. Efective date.
12 This act shall take effect following approval by the Mayor (or in the event of veto
13 by the Mayor, action by the Council to override the veto), a 30-day period of
14 Congressional review as provided in section 602( c )(2) of the District of Columbia Home
1 5 Rule Act, approved December 24, 1973 (87 Stat. 8 13; D.C. Oficial Code 1-
1 6 206.02(c)(2)), and publication i n the District of Columbia Register.
4
COUNCI L O F T HE D I STRI CT OF C OL UMB I A
COMMI TTEE ON THE J UDI CI ARY
NOTI CE OF P UB L I C HE ARI NG
1 350 Pennsylvania Avenue, NW, Washington, DC 20004
CHAIRMAN PHIL MENDELSON
COMMITTEE ON THE JUDICIARY
ANNOUNCES A PUBLIC HEARING
L
Bill 19-802, Council Notificatiou on Enforcement of Laws Amendment Act of2012
Bill 19-828, Breath Test Admissibility in Criminal Proceedings Amendment Act of2012; and
Bill 19-890, Pre-litigation Discovery ofInsurance Coverage Act of 2012
L
Friday, October 12, 2012
12: 30 p.m., Hearing Room 412, John A. Wilson Building
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Chairman Phil Mendelson announces the scheduling of a public hearing of the Committee on
the Judiciary on Bill 1 9-802, Council Notification on Enforcement of Laws Amendment Act of 20 1 2,
Bill 1 9-828, Breath Test Admissibility i n Criminal Proceedings Amendment Act of 201 2, and Bill
19-890, Pre-litigation Discovery of Insurance Coverage Act of 201 2. The hearing will be held at
1 2:30p.m. on Friday, October 1 2, 201 2 in Hearing Room 41 2 of the John A. Wilson Building.
The stated purpose of Bi l l 1 9-802 is to require the Attorney General to report to the Council
any action, suit, or proceeding in which a District law is challenged as unconstitutional or in violation
of the Home Rule Act, and also to require the Attorney General to report to the Council whenever a
formal or informal policy is established or implemented to refrain from implementing or defending a
District law. The stated purpose of Bill 1 9-828 is to create a list of criteria for accepting into
evidence in a criminal proceeding a person's breath test results associated with an impaired driving
offense. The stated purpose of Bi l l 1 9-890 is to require pre-litigation disclosure of any insurance
agreement under which certain persons may be liable to satisf all or part of the claim or to
indemnif or reimburse for payments made to satisf the claim by insurance companies in order to
facilitate settlements and to reduce the amount of litigation in D.C. Superior Court.
Those who wish to testif should contact Mr. Brian Moore, Committee Director, at (202)
724-7808, by fax at (202) 724-6664, or via e-mail at bmoore@dccouncil.us, and provide their name,
address, telephone number, organizational affiliation and title (if any) by close of business
Wednesday, October 1 0, 201 2. Persons wishing to testif are encouraged, but not required, to submit
1 5 copies of written testimony. If submitted by the close of business on Wednesday, October 1 0,
201 2 the testimony will be distributed to Councilmembers before the hearing. Witnesses should limit
their testimony to five minutes; less time will be allowed i f there are a large number of witnesses.
If you are unable to testif at the hearing, written statements are encouraged and will b made
a part of the ofcial record. Copies of written statements should be submitted either to Mr. Moore,
or to Ms. Nyasha Smith, Secretary to the Council, Room 5 of the Wilson Building, 1 350
Pennsylvania Avenue, N. W. Washington, D.C. 20004. The record will close at 5: 00 p.m. on
Wednesday, October 26, 201 2.
COUNCI L O F T HE D I STRI CT OF C OL UMB I A
C OMMI TTEE ON THE J UDI CI ARY
WI TNE S S L I S T
1 350 Pennsylvania Avenue, NW, Washington, DC 20004 DRFT
CHAIRMAN PHIL MENDELSON
COMMITTEE ON THE JUDICIARY
ANNOUNCES A PUBLIC HEARING
L
Bill 19-802, Council Notification on Enforcement of Laws Amendment Act of2012
Bill 19-828, Breath Test Admissibility in Criminal Proceedings Amendment Act of2012; and
1 .
2.
1 .
2.
Bill 19-890, Pre-litigation Discovery ofInsurance Coverage Act of 2012
L
Friday, October 12, 2012
12:30 p.m., Hearing Room 412, John A. Wilson Building
1350 Pennsylvania Avenue, NW
Washington, DC 20004
WI TNE S S L I S T
Bill 19-802, Council Notification on Enforcement of Laws Amendment Act of2012
Ariel Levinson-Waldman Senior Counsel, Ofce of the Attorney General for
the District of Columbia
Bill 19-828, Breath Test Admissibility in Criminal Proceedings Amendment Act of 2012; and
Laura Hankins
Lucas Zarwel l
Special Counsel, Public Defender Service
for the District of Columbia
Chief Toxicologist, Office of the Chief Medical
Examiner
Bill 19-890, Pre-litigation Discovery ofInsnrance Coverage Act of2012
James W. Taglieri
Wi l l iam P. White
Trial Lawyers Association of Metropol itan DC
Commissioner, Department of Insurance Securities
and Banking