Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2677 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to insurance; adopting the Consumers in Crisis Protection Act; providing
3	3	1.3 civil penalties; requiring reports; proposing coding for new law as Minnesota
4	4	1.4 Statutes, chapters 45B; 48B.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [45B.01] SHORT TITLE.
7	7	1.7 This chapter may be cited as the Consumers in Crisis Protection Act.
8	8	1.8 Sec. 2. [45B.02] DEFINITIONS.
9	9	1.9 Subdivision 1.Scope.For the purposes of this chapter, the terms defined in this section
10	10	1.10have the meanings given.
11	11	1.11 Subd. 2.Advertise."Advertise" means publishing or disseminating written, oral,
12	12	1.12electronic, or printed communication, or communication by means of recorded telephone
13	13	1.13messages or transmitted or broadcast on radio, television, the Internet, or similar
14	14	1.14communications media, including audio recordings, film strips, motion pictures, and videos,
15	15	1.15that are directly or indirectly published, disseminated, circulated or placed before the public
16	16	1.16to induce a consumer to enter into a consumer litigation funding.
17	17	1.17 Subd. 3.Charges."Charges" means the amount of money to be paid to the consumer
18	18	1.18litigation funding company by or on behalf of the consumer that is above the funded amount
19	19	1.19provided by or on behalf of the company to a consumer under this chapter. Charges includes
20	20	1.20administrative, origination, underwriting, or other fees, including interest, no matter how
21	21	1.21denominated.
22	22	1Sec. 2.
23	23	REVISOR RSI/VJ 25-0130503/19/25
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 2677
29	29	NINETY-FOURTH SESSION
30	30	Authored by Perryman, O'Driscoll and Kresha03/24/2025
31	31	The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1 Subd. 4.Commercial litigation financier."Commercial litigation financier" means a
32	32	2.2person that enters into or offers to enter into a commercial litigation financing agreement
33	33	2.3with a plaintiff or with lawyers or law firms asserting legal claims on behalf of the plaintiff
34	34	2.4in a civil proceeding. Commercial litigation financier does not include a nonprofit
35	35	2.5organization exempt from federal income tax under section 501(c)(3) of the United States
36	36	2.6Internal Revenue Code.
37	37	2.7 Subd. 5.Commercial litigation financing agreement.(a) "Commercial litigation
38	38	2.8financing agreement" means, with respect to a civil action or group of civil actions, a written
39	39	2.9agreement:
40	40	2.10 (1) in which a third party agrees to provide money to one of the named parties or a law
41	41	2.11firm affiliated with the action or group of civil actions; and
42	42	2.12 (2) that creates a direct or collateralized interest in the proceeds of a civil action or group
43	43	2.13of civil actions by settlement, verdict, judgment, or otherwise, and whose interest is based
44	44	2.14in whole or part on a funding-based obligation to the action or group of actions the appearing
45	45	2.15counsel, any contractual co-counsel, or the counsel or co-counsel's law firm, executed with:
46	46	2.16 (i) an attorney representing a party;
47	47	2.17 (ii) co-counsel in the litigation, with a contingent fee interest in the party's representation;
48	48	2.18or
49	49	2.19 (iii) a third party who has a collateral-based interest in the counsel or co-counsel's firm's
50	50	2.20contingency fees, related in whole or part to the fees derived from the party's representation.
51	51	2.21 (b) Consumer litigation financing agreement includes a contract, including an option,
52	52	2.22forward contract, futures contract, short position, swap, or similar contract, or other agreement
53	53	2.23that is substantially similar to a consumer litigation financing agreement.
54	54	2.24 (c) Commercial litigation financing agreement does not include a consumer litigation
55	55	2.25funding transaction; an agreement between an attorney and a client for the attorney to provide
56	56	2.26legal services on a contingency fee basis or to advance the client's legal costs; a health
57	57	2.27insurance plan or agreement; a repayment agreement of a financial institution if repayment
58	58	2.28is not contingent upon the outcome of the civil proceeding; a funding agreement to a nonprofit
59	59	2.29organization that represents a client on a pro bono basis; or an agreement of an assigned
60	60	2.30claim to prosecute an environmental contamination matter seeking remediation of, or to
61	61	2.31recover the cost of remediating, a site that is or has been on the U.S. Environmental Protection
62	62	2.32Agency's Superfund National Priorities List.
63	63	2Sec. 2.
64	64	REVISOR RSI/VJ 25-0130503/19/25 3.1 Subd. 6.Consumer."Consumer" means a natural person who resides or is domiciled
65	65	3.2in Minnesota or is a plaintiff in a civil action in Minnesota. Consumer includes estate for a
66	66	3.3decedent related to a wrongful death claim.
67	67	3.4 Subd. 7.Consumer litigation funding."Consumer litigation funding" means a
68	68	3.5nonrecourse transaction in which a consumer litigation funding company purchases, with
69	69	3.6money paid directly to the consumer, and a consumer assigns to the company a contingent
70	70	3.7right to receive an amount of the potential proceeds resulting from a settlement, judgment,
71	71	3.8award, or verdict obtained in the consumer's legal claim.
72	72	3.9 Subd. 8.Consumer litigation funding company.(a) "Consumer litigation funding
73	73	3.10company" or "company" means a person or entity that enters into a consumer litigation
74	74	3.11funding contract with a value that does not exceed $....... with a consumer.
75	75	3.12 (b) Consumer litigation funding company or company does not include:
76	76	3.13 (1) the consumer's immediate family members;
77	77	3.14 (2) a bank, lender, financing entity, or other special purpose entity:
78	78	3.15 (i) that provides financing to a consumer litigation funding company; or
79	79	3.16 (ii) to which a consumer litigation funding company grants a security interest or transfers
80	80	3.17rights or interest in a consumer litigation funding; or
81	81	3.18 (3) an attorney or accountant who provides services to a consumer.
82	82	3.19 Subd. 9.Department."Department" means the Department of Commerce.
83	83	3.20 Subd. 10.Foreign country or person of concern."Foreign country" or "person of
84	84	3.21concern" means:
85	85	3.22 (1) a foreign government or person listed under Code of Federal Regulations, title 15,
86	86	3.23part 7.4; or
87	87	3.24 (2) a country the governor designates as a threat to critical infrastructure.
88	88	3.25 Subd. 11.Foreign entity of concern.(a) "Foreign entity of concern" means a partnership,
89	89	3.26association corporation, organization, or other combination of persons:
90	90	3.27 (1) organized or incorporated in a foreign country of concern;
91	91	3.28 (2) owned or controlled by the government, a political subdivision, or a political party
92	92	3.29of a foreign country of concern;
93	93	3.30 (3) that has a principal place of business in a foreign country of concern; or
94	94	3Sec. 2.
95	95	REVISOR RSI/VJ 25-0130503/19/25 4.1 (4) that is owned, organized, or controlled by or affiliated with a foreign organization
96	96	4.2that has been:
97	97	4.3 (i) placed on the federal Office of Foreign Assets Control's specially designated nationals
98	98	4.4and blocked persons list; or
99	99	4.5 (ii) designated by the United States Secretary of State as a foreign terrorist organization.
100	100	4.6 (b) Foreign entity of concern includes an individual that owns, has a controlling interest
101	101	4.7in, or is a director or senior officer of an entity identified in paragraph (a).
102	102	4.8 Subd. 12.Funded amount."Funded amount" means the amount of money provided to
103	103	4.9or on behalf of the consumer in the consumer litigation funding contract. Funded amount
104	104	4.10does not include charges.
105	105	4.11 Subd. 13.Funding date."Funding date" means the date on which the funded amount
106	106	4.12is transferred to the consumer by the consumer litigation funding company by (1) personal
107	107	4.13delivery; (2) wire, automated clearing house, or other electronic means; or (3) mail via
108	108	4.14insured, certified, or registered United States mail.
109	109	4.15 Subd. 14.Immediate family member."Immediate family member" means a (1) parent;
110	110	4.16(2) sibling; (3) child by blood, adoption, or marriage; (4) spouse; (5) grandparent; or (6)
111	111	4.17grandchild.
112	112	4.18 Subd. 15.Legal claim."Legal claim" means a civil claim or cause of action.
113	113	4.19 Subd. 16.Resolution date."Resolution date" means the date the funded amount, plus
114	114	4.20the agreed-upon charges, are delivered to the consumer litigation funding company by the
115	115	4.21consumer, the consumer's attorney, or other means.
116	116	4.22 Sec. 3. [45B.03] CONTRACT REQUIREMENTS; RIGHT OF RESCISSION.
117	117	4.23 Subdivision 1.Contract requirements.A consumer litigation funding contract must:
118	118	4.24 (1) be written in a clear and coherent manner using words with common, everyday
119	119	4.25meanings that enable an average consumer who makes a reasonable effort under ordinary
120	120	4.26circumstances to read and understand the contract's terms without having to obtain
121	121	4.27professional assistance;
122	122	4.28 (2) be completely filled in when presented to a consumer for signature;
123	123	4.29 (3) contain, in twelve-point bold type font, a right of rescission that allows the consumer
124	124	4.30to cancel the contract without penalty or further obligation if, within ten business days after
125	125	4Sec. 3.
126	126	REVISOR RSI/VJ 25-0130503/19/25 5.1the funding date, the consumer returns to the consumer litigation funding company the full
127	127	5.2amount of disbursed money;
128	128	5.3 (4) contain the consumer's initials on each page;
129	129	5.4 (5) include a statement that indicates the consumer is not required to pay a fee or charge
130	130	5.5other than a fee or charge disclosed on the disclosure form;
131	131	5.6 (6) if the consumer seeks more than one litigation funding contract from the same
132	132	5.7company, include a disclosure that provides the cumulative amount due from the consumer
133	133	5.8for all transactions, including the charges under all contracts, if repayment is made after the
134	134	5.9contracts are executed;
135	135	5.10 (7) include a statement that indicates the maximum amount the consumer is obligated
136	136	5.11to pay under the contract other than in a case of material breach, fraud, or misrepresentation
137	137	5.12by or on behalf of the consumer; and
138	138	5.13 (8) clearly and conspicuously detail how charges, including applicable fees, are incurred
139	139	5.14or accrued.
140	140	5.15 Subd. 2.Written acknowledgment.The contract must contain a written acknowledgment
141	141	5.16signed by the attorney retained by the consumer in the legal claim that attests to the following:
142	142	5.17 (1) the attorney has reviewed the mandatory disclosures under section 45B.06 with the
143	143	5.18consumer;
144	144	5.19 (2) the attorney is being paid on a contingency basis pursuant to a written fee agreement;
145	145	5.20 (3) all proceeds of the legal claim must be disbursed via either the attorney's trust account
146	146	5.21or a settlement fund established to receive the proceeds of the legal claim on behalf of the
147	147	5.22consumer;
148	148	5.23 (4) the attorney is obligated to disburse money from the legal claim and take other steps
149	149	5.24to ensure that the terms of the litigation funding contract are fulfilled;
150	150	5.25 (5) the attorney is prohibited from receiving a referral fee or other consideration from
151	151	5.26the consumer litigation funding company in connection with the consumer litigation funding;
152	152	5.27and
153	153	5.28 (6) the attorney in the legal claim must not provide tax, public or private benefit planning,
154	154	5.29or financial advice regarding the consumer litigation funding transaction.
155	155	5.30 Subd. 3.Termination.If the attorney or firm retained by the consumer in the legal claim
156	156	5.31does not provide the consumer with the acknowledgment under subdivision 2, the contract
157	157	5Sec. 3.
158	158	REVISOR RSI/VJ 25-0130503/19/25 6.1is null and void. The contract remains valid and enforceable if the consumer terminates the
159	159	6.2initial attorney or retains a new attorney with respect to the legal claim.
160	160	6.3 Subd. 4.Prepayment penalty prohibited.Notwithstanding any law to the contrary, a
161	161	6.4prepayment penalty or fee charged or collected on consumer litigation funding is prohibited.
162	162	6.5A prepayment penalty on consumer litigation funding is unenforceable.
163	163	6.6 Sec. 4. [45B.04] PROHIBITIONS; CHARGE LIMITATIONS.
164	164	6.7 Subdivision 1.Prohibitions; generally.A consumer litigation funding company is
165	165	6.8prohibited from:
166	166	6.9 (1) paying or offering to pay a commission, referral fee, or other form of consideration
167	167	6.10to: (i) an attorney, law firm, health care provider, chiropractor, or physical therapist; or (ii)
168	168	6.11an employee of a person or entity listed under item (i) for referring a consumer to the
169	169	6.12company;
170	170	6.13 (2) accepting a commission, referral fee, rebate, or other form of consideration from: (i)
171	171	6.14an attorney, law firm, health care provider, chiropractor, or physical therapist; or (ii) an
172	172	6.15employee of a person or entity listed under item (i);
173	173	6.16 (3) intentionally advertising materially false or misleading information regarding the
174	174	6.17consumer litigation funding company's products or services;
175	175	6.18 (4) referring, in an attempt to secure an initial legal funding, a customer or potential
176	176	6.19customer to: (i) a specific attorney, law firm, health care provider, chiropractor, or physical
177	177	6.20therapist; or (ii) an employee of a person or entity listed under item (i), except that if a
178	178	6.21customer needs legal representation, the company may refer the customer to a local or state
179	179	6.22bar association referral service;
180	180	6.23 (5) knowingly providing funding to a consumer who has previously assigned or sold a
181	181	6.24portion of the consumer's right to proceeds from the consumer's legal claim without first
182	182	6.25making payment to or purchasing a prior unsatisfied consumer litigation funding company's
183	183	6.26entire funded amount and contracted charges, unless a lesser amount is otherwise agreed
184	184	6.27to in writing by the consumer litigation funding companies. Multiple companies may agree
185	185	6.28to contemporaneously provide funding to a consumer if the consumer and the consumer's
186	186	6.29attorney consent to the arrangement in writing;
187	187	6.30 (6) having influence, receiving any right to, or making a decision with respect to the
188	188	6.31conduct of the underlying legal claim or any settlement or resolution of the underlying legal
189	189	6.32claim. The right to make decisions regarding an underlying legal claim remains solely with
190	190	6.33the consumer and the attorney involved in the legal claim;
191	191	6Sec. 4.
192	192	REVISOR RSI/VJ 25-0130503/19/25 7.1 (7) attempting to obtain a waiver of any remedy or right by the consumer, including but
193	193	7.2not limited to the right to trial by jury; or
194	194	7.3 (8) during or after the resolution of the legal claim, knowingly paying or offering to pay
195	195	7.4for court costs, filing fees, or attorney fees using money from the consumer litigation funding
196	196	7.5transaction.
197	197	7.6 Subd. 2.Other financial prohibitions.(a) An attorney or law firm retained by the
198	198	7.7consumer in the legal claim must not have a financial interest in the consumer litigation
199	199	7.8funding company offering consumer litigation funding to that consumer. An attorney who
200	200	7.9has referred the consumer to the attorney's retained attorney must not have a financial interest
201	201	7.10in the consumer litigation funding company offering consumer litigation funding to that
202	202	7.11consumer.
203	203	7.12 (b) A consumer litigation funding company must not provide funding to a consumer
204	204	7.13litigation funding transaction that is directly or indirectly financed by a person or entity
205	205	7.14identified under section 45B.02, subdivision 10 or 11.
206	206	7.15 Subd. 3.Information disclosure.The attorney may disclose privileged information to
207	207	7.16the consumer litigation funding company only with the consumer's written consent.
208	208	7.17 Sec. 5. [45B.05] CONTRACTED AMOUNTS.
209	209	7.18 The contracted amount paid to the consumer litigation funding company (1) must be a
210	210	7.19predetermined amount based on intervals of time from the funding date through the resolution
211	211	7.20date, and (2) must not be determined as a percentage of the recovery from the legal claim.
212	212	7.21 Sec. 6. [45B.06] DISCLOSURES.
213	213	7.22 Subdivision 1.Consumer litigation financing agreement.(a) Except as otherwise
214	214	7.23stipulated or ordered by the court, a claimant or the claimant's attorney must, without waiting
215	215	7.24for a request, provide to all participants and parties a consumer litigation financing agreement
216	216	7.25(1) at the time a legal claim is asserted or commenced, and (2) any time after a legal claim
217	217	7.26is asserted or amend that a consumer litigation financing agreement is executed or amended.
218	218	7.27An insurer that has or may have a duty to defend or indemnify a party to a legal claim must
219	219	7.28be provided the consumer litigation financing agreement or any modifications or amendments
220	220	7.29to the agreement.
221	221	7.30 (b) Consumer litigation financing agreements and all participants or parties to consumer
222	222	7.31litigation financing agreements are permissible subjects of discovery in a legal claim.
223	223	7Sec. 6.
224	224	REVISOR RSI/VJ 25-0130503/19/25 8.1 Subd. 2.Discovery.Notwithstanding any agreement or provision with respect to
225	225	8.2confidentiality, a consumer litigation funding contract, and all participants or parties to the
226	226	8.3consumer litigation funding contract, are presumed to be discoverable in a civil proceeding.
227	227	8.4A consumer may seek to rebut the presumption under this subdivision.
228	228	8.5 Subd. 3.Certain evidence inadmissible.A consumer litigation funding transaction
229	229	8.6disclosed under subdivision 1 and a consumer litigation funding contract discovered under
230	230	8.7subdivision 2 are presumed to be inadmissible as evidence. A party may seek to rebut the
231	231	8.8presumption under this subdivision.
232	232	8.9 Sec. 7. [45B.07] VIOLATIONS.
233	233	8.10 Subdivision 1.Generally.A consumer litigation funding company that willfully violates
234	234	8.11this chapter in a specific funding case:
235	235	8.12 (1) waives the consumer litigation funding company's right to recover the funded amount
236	236	8.13and all charges in the particular case; and
237	237	8.14 (2) is liable for a civil penalty of not more than $....... for each violation, which accrues
238	238	8.15to the state and may be recovered in a civil action brought by the attorney general.
239	239	8.16 Subd. 2.Attorney general; authority.Nothing in this chapter limits or restricts the
240	240	8.17attorney general's authority to exercise powers and duties otherwise granted by law.
241	241	8.18 Sec. 8. [48B.08] ASSIGNABILITY; LIENS.
242	242	8.19 (a) The contingent right to receive an amount of a legal claim's potential proceeds is
243	243	8.20assignable by a consumer to a consumer litigation funding company.
244	244	8.21 (b) Only an attorney's lien related to the legal claim that is the subject of the consumer
245	245	8.22litigation funding, or Medicare or other statutory liens related to the legal claim, take priority
246	246	8.23over a consumer litigation funding company's lien.
247	247	8.24 Sec. 9. [48B.09] COMMUNICA TION; EFFECT ON PRIVILEGES.
248	248	8.25 Communication between a consumer's attorney and a consumer legal funding company
249	249	8.26to allow the consumer legal funding company to ascertain the status of a legal claim or a
250	250	8.27legal claim's expected value is not discoverable by a person against whom the legal claim
251	251	8.28is asserted or filed.
252	252	8Sec. 9.
253	253	REVISOR RSI/VJ 25-0130503/19/25 9.1 Sec. 10. [48B.10] REGISTRATION.
254	254	9.2 Subdivision 1.Registration required.(a) A consumer litigation funding company or
255	255	9.3commercial litigation financier is prohibited from engaging in consumer litigation funding
256	256	9.4or commercial litigation financing agreements in Minnesota unless the consumer litigation
257	257	9.5funding company or commercial litigation financier registers under this section.
258	258	9.6 (b) A person or entity is prohibited from filing a form of consumer litigation funding
259	259	9.7contract or commercial litigation financing agreement in Minnesota unless the contract or
260	260	9.8agreement has been filed with the department in accordance with procedures required by
261	261	9.9the department. The procedures must include a reasonable time frame for the state to object
262	262	9.10to a filed form.
263	263	9.11 Subd. 2.Filing.An applicant's registration must be filed in the manner required by the
264	264	9.12department and must contain the information the department requires to evaluate the character
265	265	9.13and fitness of the applicant company or financier, including but not limited to beneficial
266	266	9.14ownership exceeding 20 percent. The initial application must be accompanied by a $.......
267	267	9.15fee. A renewal registration must include a $....... fee. A registration must be renewed every
268	268	9.16two years and expires December 31 of the second year the registration is valid.
269	269	9.17 Subd. 3.Registration issuance.The department is prohibited from issuing a registration
270	270	9.18certificate unless the department, upon investigation, determines the applicant company's
271	271	9.19or financier's, including the applicant company's or financier's officers and directors, character
272	272	9.20and fitness warrants the belief that the business is operated honestly, fairly, and consistent
273	273	9.21with this chapter's purposes and requirements.
274	274	9.22 Subd. 4.Bond.If the department requires, a registrant must, at the time an application
275	275	9.23is filed under this section, file with the department a bond satisfactory to the department in
276	276	9.24an amount not to exceed $........ In lieu of the bond, the registrant may opt to post an
277	277	9.25irrevocable letter of credit. The terms of the bond must run concurrent with the period of
278	278	9.26time during which the registration is effective. The bond must provide that the registrant
279	279	9.27must (1) faithfully conform to and abide by this chapter and administrative rules adopted
280	280	9.28by the department under section 48B.14, and (2) pay to a person or persons all amounts of
281	281	9.29money due or owed to the state or due or owed to the person or persons under this chapter
282	282	9.30during the period for which the bond is given.
283	283	9.31 Subd. 5.Hearing.(a) Upon written request, the applicant is entitled to a hearing regarding
284	284	9.32the applicant's qualifications for registration if:
285	285	9.33 (1) the department notifies the applicant in writing that the application has been denied;
286	286	9.34or
287	287	9Sec. 10.
288	288	REVISOR RSI/VJ 25-0130503/19/25 10.1 (2) the department does not issue a registration within 60 days of the date the registration
289	289	10.2application is filed.
290	290	10.3 (b) A hearing request must be made within 15 days after the date the department mails
291	291	10.4a written notice to the applicant indicating that the application has been denied and stating,
292	292	10.5in substance, the department's findings that support denying the application.
293	293	10.6 Subd. 6.Applications pending approval; permitted activities.Notwithstanding
294	294	10.7subdivision 1, a consumer litigation funding company or commercial litigation financier
295	295	10.8that registered with the department between the effective date of this chapter or the date
296	296	10.9when the department makes applications available to the public, whichever is later, and 180
297	297	10.10days after the later of the two dates may engage in consumer litigation funding or commercial
298	298	10.11litigation financing agreements while the company's registration is pending approval with
299	299	10.12the department.
300	300	10.13Sec. 11. [48B.11] REPORTING.
301	301	10.14 Subdivision 1.Report required.A consumer litigation funding company and commercial
302	302	10.15litigation financier that engages in business in Minnesota must submit a report to the
303	303	10.16department on or before December 31 each year regarding activities under this chapter. At
304	304	10.17a minimum, the report must:
305	305	10.18 (1) specify the number of lawsuits funded by the company or financier during the year;
306	306	10.19 (2) summarizes the funded amounts, in dollars, during the year; and
307	307	10.20 (3) identify the annual percentage charged to each consumer or commercial litigation
308	308	10.21funding recipient to whom repayment was made during the year.
309	309	10.22 Subd. 2.Certain information public.The department must make the information
310	310	10.23submitted under subdivision 1 available to the public in a manner that ensures the name of
311	311	10.24each company and consumer is confidential. The information must be made available no
312	312	10.25later than 30 days after the date the reports are submitted.
313	313	10.26Sec. 12. [48B.12] COMMERCIAL LITIGATION FUNDING; PROHIBITIONS.
314	314	10.27 Subdivision 1.Agreements.A commercial litigation financier is prohibited from directly
315	315	10.28or indirectly entering into a commercial litigation financing agreement with a foreign entity
316	316	10.29of concern or a foreign country or person of concern.
317	317	10.30 Subd. 2.Disclosure.A claimant, attorney or law firm representing a claimant, or affiliated
318	318	10.31attorney or law firm is prohibited from disclosing or sharing documents or information with
319	319	10Sec. 12.
320	320	REVISOR RSI/VJ 25-0130503/19/25 11.1a commercial litigation financier if the information is subject to a protective or sealing order
321	321	11.2from a court.
322	322	11.3 Subd. 3.Decision making.A commercial litigation financier is prohibited from making
323	323	11.4a decision, having influence, or directing a decision with respect to the course of a legal
324	324	11.5claim, including but not limited to a decision to appoint or change counsel, choose or use
325	325	11.6an expert witness, determine litigation strategy, or settle the claim or agree to another
326	326	11.7resolution. The right to make all decisions regarding a legal claim remains solely with the
327	327	11.8claimant and the claimant's attorney or law firm.
328	328	11.9 Sec. 13. [48B.13] COMMERCIAL LITIGATION FINANCING AGREEMENT;
329	329	11.10DISCLOSURE; DISCOVERY.
330	330	11.11 Subdivision 1.Certain disclosure authorized.Except as otherwise stipulated or ordered
331	331	11.12by the court, a claimant or the claimant's attorney must, without waiting for a discovery
332	332	11.13request, provide to all parties a commercial litigation financing agreement (1) at the time a
333	333	11.14legal claim is asserted or commenced, and (2) any time after a legal claim is asserted or
334	334	11.15commenced that a commercial litigation financing agreement is executed or amended. An
335	335	11.16insurer that has or may have a duty to defend or indemnify a party to a legal claim must be
336	336	11.17provided with the commercial litigation financing agreement or a modification or amendment
337	337	11.18to the agreement.
338	338	11.19 Subd. 2.Discovery.A commercial litigation financing agreement and all participants
339	339	11.20or parties to commercial litigation financing agreements are permissible subjects of discovery
340	340	11.21in a legal claim.
341	341	11.22Sec. 14. [48B.14] RULEMAKING.
342	342	11.23 The department may adopt rules necessary to implement and enforce this chapter.
343	343	11Sec. 14.
344	344	REVISOR RSI/VJ 25-0130503/19/25