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| 5 | 5 | | 2023 -- H 5438 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001009 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- |
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| 16 | 16 | | CAUSES OF ACTION |
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| 17 | 17 | | Introduced By: Representative Jason Knight |
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| 18 | 18 | | Date Introduced: February 08, 2023 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 9-1-50 of the General Laws in Chapter 9-1 entitled "Causes of 1 |
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| 24 | 24 | | Action" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 9-1-50. Settled claims not paid within thirty (30) days. 3 |
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| 26 | 26 | | (a) Whenever any claim is settled, the insurance company, adjusting company, or any other 4 |
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| 27 | 27 | | person, firm, or corporation responsible for paying the settlement shall make payment within thirty 5 |
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| 28 | 28 | | (30) days from the date the claimant or his or her attorney sends the release. The signed release 6 |
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| 29 | 29 | | may be transmitted to the party responsible for paying the settlement or their attorney in electronic 7 |
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| 30 | 30 | | format. Failure to make payment within thirty (30) days shall raise a presumption that failure to do 8 |
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| 31 | 31 | | so was a willful and wanton disregard for the rights of the claimant. In addition to all other remedies, 9 |
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| 32 | 32 | | the payor shall be liable to the claimant in a separate cause of action for punitive damages and 10 |
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| 33 | 33 | | interest which shall be computed at the rate of twelve percent (12%) per annum from the date the 11 |
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| 34 | 34 | | cause of action giving rise to the settlement occurred until the judgment on the claim brought 12 |
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| 35 | 35 | | pursuant to this section is entered. 13 |
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| 36 | 36 | | (b) Any claim brought under the provisions of this section shall be given a priority on the 14 |
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| 37 | 37 | | trial calendar. 15 |
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| 38 | 38 | | SECTION 2. This act shall take effect upon passage. 16 |
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| 39 | 39 | | ======== |
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| 40 | 40 | | LC001009 |
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| 41 | 41 | | ======== |
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| 43 | 43 | | |
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| 44 | 44 | | LC001009 - Page 2 of 2 |
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| 45 | 45 | | EXPLANATION |
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| 46 | 46 | | BY THE LEGISLATIVE COUNCIL |
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| 47 | 47 | | OF |
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| 48 | 48 | | A N A C T |
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| 49 | 49 | | RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY -- |
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| 50 | 50 | | CAUSES OF ACTION |
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| 51 | 51 | | *** |
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| 52 | 52 | | This act would permit a signed release to be transmitted to the party responsible for paying 1 |
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| 53 | 53 | | the settlement or their attorney by electronic means. 2 |
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| 54 | 54 | | This act would take effect upon passage. 3 |
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| 55 | 55 | | ======== |
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| 56 | 56 | | LC001009 |
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| 57 | 57 | | ======== |
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