Rhode Island 2025 Regular Session

Rhode Island House Bill H5932 Compare Versions

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55 2025 -- H 5932
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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO INSURANCE -- MOTOR VEHICLE INSURANCE -- MANDATORY
1616 ARBITRATION PROVISION
1717 Introduced By: Representatives Dawson, Solomon, and Hull
1818 Date Introduced: February 28, 2025
1919 Referred To: House Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 27-10.3-1 of the General Laws in Chapter 27-10.3 entitled "Motor 1
2424 Vehicle Insurance — Mandatory Arbitration Provision" is hereby amended to read as follows: 2
2525 27-10.3-1. Arbitration provision. 3
2626 (a) Every contract of motor vehicle liability insurance, issued in the state by an insurance 4
2727 carrier authorized to do business in the state, shall contain the following provisions: 5
2828 (1) Any person, referred to in this section as “the plaintiff,” suffering a loss, allegedly 6
2929 resulting out of the ownership, maintenance, or use of a motor vehicle by an insured or self-insured, 7
3030 and allegedly resulting from liability imposed by law for property damage, bodily injury, or death, 8
3131 may, at his or her election, whenever the claim is for fifty thousand dollars ($50,000) one hundred 9
3232 thousand dollars ($100,000) or less, submit the matter to arbitration pursuant to chapter 3 of title 10
3333 10; 11
3434 (2) Selection of arbitrator. After submission to arbitration by the plaintiff, one arbitrator 12
3535 shall be selected from the list of qualified arbitrators of the court annexed arbitration program of 13
3636 the superior court in the same manner as arbitrators are selected in accordance with the rules of that 14
3737 program. Each party shall share the expenses of arbitration in accordance with the rules of the court 15
3838 annexed arbitration program; 16
3939 (3) Hearings. The arbitrator shall call a hearing and provide seven (7) days notice of the 17
4040 time and place of the hearing to the parties. The hearing shall be informal, and the rules of evidence 18
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4444 prevailing in judicial proceedings shall be binding. Any and all documentary evidence and other 1
4545 data deemed relevant by the arbitrators may be received in evidence. The arbitrators shall have the 2
4646 power to administer oaths and to require by subpoena the attendance and testimony of witnesses, 3
4747 and the production of books, records, and other evidence, relative or pertinent to the issues 4
4848 presented to them for determination. The decision of the arbitrators shall be binding upon the parties 5
4949 unless: 6
5050 (i) In the event that suit has not been instituted, either party reserves his or her right to a 7
5151 jury trial by giving notice of this reservation of right to the other party or parties and to the 8
5252 arbitrators within sixty (60) days of the arbitrators award by certified mail return receipt requested; 9
5353 or 10
5454 (ii) In the event that suit has been instituted, either party files a request for a jury trial with 11
5555 the court and with notice to the other party or parties within sixty (60) days of the arbitrator’s award. 12
5656 If the case proceeds to trial subsequent to arbitration, the decision of the arbitrators shall not be 13
5757 admissible; 14
5858 (4) Statute of limitations. Notwithstanding the foregoing, a suit shall be instituted in order 15
5959 to bring the action within any applicable statute of limitations, but the suit will be stayed until an 16
6060 arbitrators award has been made or the case reached for trial; 17
6161 (5) Agreements to arbitrate. Uninsured motorist contracts shall be governed by the 18
6262 provisions of § 10-3-2. 19
6363 (b) Every person who maintains motor vehicle liability insurance shall, when making an 20
6464 application for a motor vehicle operator’s license, or the renewal of that license, or when registering 21
6565 a motor vehicle, agree in writing on a form provided by the director of the department of 22
6666 transportation to be bound by the provisions of this chapter. 23
6767 SECTION 2. This act shall take effect upon passage. 24
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7474 EXPLANATION
7575 BY THE LEGISLATIVE COUNCIL
7676 OF
7777 A N A C T
7878 RELATING TO INSURANCE -- MOTOR VEHICLE INSURANCE -- MANDATORY
7979 ARBITRATION PROVISION
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8181 This act would increase the minimum claim amount necessary to require a matter involving 1
8282 motor vehicle liability be submitted to mandatory arbitration. 2
8383 This act would take effect upon passage. 3
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