Iowa Senate Bill SF430

Iowa 2023-2024 Regular Session

• Introduced: 2/27/23
• Refer: 2/27/23

Caption

A bill for an act relating to the duties of insurers under medical malpractice insurance policies.

Impact

The enactment of SF430 will significantly impact the relationship between health care providers and their insurance carriers in Iowa. By mandating good faith negotiation and imposing liability on insurers who fail to settle claims within policy limits, the bill aims to enhance protection for health care providers against excessive liabilities. This could lead to increased premiums for insurers and possibly result in adjustments to coverage options as insurance companies adapt to the new requirements.

Summary

Senate File 430 addresses the obligations of insurers under medical malpractice insurance policies, specifically requiring insurers to negotiate in good faith all claims made against health care providers. This bill establishes that if a claimant presents a settlement offer within the policy limits and the insurer declines, the insurer would be liable for any judgment exceeding those limits, effectively removing their protection under the policy in such cases. This legislation seeks to ensure that health care providers are adequately protected and are not unduly pressured by insurance companies in claim settlements.

Contention

Points of contention surrounding SF430 may arise from concerns over how this bill could affect insurance practices within the medical field. While proponents could argue that it protects health care providers, opponents might express concerns that it could encourage frivolous claims against providers if insurers are overly pressured to settle. Additionally, insurance companies might argue that holding them fully liable for judgments beyond policy limits could lead to increased operational costs, which might ultimately be passed down to consumers through higher insurance premiums.