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- Privacy, Reviver, and Risk Based Pricing/Underwriting Maps/Charts
Attached is both a chart and map for each issue highlighting if legislation is pending, enacted, or failed.
Some recent changes include:
- Illinois - As expected, legislation has been signed. This bill was originally written with a five-year window to toll the statute of limitations (SOL) for sexual abuse claims, but was amended with APCIA suggested language to remove the offending original language and just add "fraudulent concealment" to the existing SOL provisions.
- Ohio - The Ohio General Assembly is not currently scheduled to return to formal sessions until mid-September, however the House Civil Justice Committee has posted a hearing notice for September 3, 2019 and that will include the third hearing, featuring more proponents, on legislation to create a statute of limitations reviver aimed squarely at The Ohio State University.
Below is a review of the 2019 Enacted Legislation:
- Alabama - Enacted legislation which had been amended as a result of APCIA and member efforts to simply provide that the claimant has six years from the age of 19 to file a claim (Originally the bill included language providing for 10 years from the date the claimant "knew or should have known" of the alleged abuse). There is no reviver provision. This has an effective date of September 1, 2019
- Arizona - Passed legislation prospectively extends the statute of limitations for child sexual abuse claims and creates an 18-month reviver for previously time-barred claims. This was effective on May 27, 2019.
- Connecticut -The original bill language included objectionable reviver provisions for the statute of limitations for child sexual abuse claims, the bill was amended, and the final version did not include reviver provisions. The bill also includes a prospective change in the statute of limitations for civil child sexual abuse claims to allow such claims to be brought up to thirty years from the date the person attains the age of 21 (current law is thirty years from the date the person attains the age of majority - which is 18). This becomes effective on October 1, 2019.
- Montana - Legislation has been enacted with an effective date of May 7, 2019. It extends the statute of limitations to age 27 or not later than three years after the plaintiff discovers or reasonably should have discovered that the injury was caused by the act of childhood sexual abuse. The bill also allows a limited one-year reviver.
- New Jersey - Legislation extends the statute of limitations in civil actions for sexual abuse claims; and will revive any action that had been previously dismissed on grounds that the applicable statute of limitations had expired for a period of two years following the effective date. The law becomes effective December 1, 2019.
- New York - Legislation amends the Criminal Procedure Law and the Civil, Practice Laws and Rules to extend the statutes of limitation in criminal and civil cases involving the sexual abuse of children. The measure also amends the Civil Practice Law and Rules to allow, under certain circumstances, the revival of previously time-barred civil actions in a one year window beginning August 14th, which allege conduct representing the commission of certain sexual offenses committed against a child less than eighteen years of age. Has multiple effective dates.
- Oregon - Enacted bill extends the statute of limitations for civil actions relating to sexual assault to five years from the date the person discovers, or in the exercise of reasonable care should have discovered, the causal relationship between sexual assault and injury. The measure also applies the new limitation period to any action commenced on or after the effective date of this 2019 Act, including actions that would have been barred by any limitations period in effect prior to the effective date of this 2019 Act. This bill became effective June 20, 2019.
- Rhode Island - Legislation became effective July 1, 2019. The bill extends the statute of limitations for 35 years (7 years from when you knew or should have known) revives claims against "perpetrator defendants", but does not revive claims against others. The bill is applicable to both private and governmental entities. The bill is a compromise measure that was the product of a session-long discussion amongst various stakeholders.
- Tennessee - Legislation removing the civil statute of limitations for any illness or injury based on child sexual abuse. As originally written, the bill increased the civil statute of limitations for any illness or injury based on child sex abuse occurring after July 1, 2019 to 30 years. APCIA worked to reduce the proposed statute of limitations to 15 years and add language that requires corroborating evidence for claims against someone other than the perpetrator. Law went into effect on July 1, 2019.
- Vermont - Enacted legislation repeals the statute of limitations for civil actions based on childhood sexual abuse entirely and provides for an unlimited window so that retroactive claims may be brought at any time. The legislation was amended to require a showing of gross negligence by an employer, supervisor, etc. to collect damages against those entities. The law became effective on July 1, 2019.
- Michigan - Within the recently enacted broad auto no-fault reform measure are restrictions on insurer rating and underwriting practices. Beginning July 1, 2020, insurers are prohibited from setting individual rates or rating classifications based on home ownership, education level, occupation, zip code, or credit score. These new restrictions are in addition to the existing prohibitions against basing individual rating classifications on sex or marital status. Certain pre-reform law exceptions remain for group rating based on some of these factors.
- New Mexico - Legislation passed amending the Unfair Practices Act to define price discrimination based on a person's gender to be part of the definition for an unfair practice. The bill exempts insurance products. This goes into effect on August 1, 2019.
- North Dakota - Legislation in its original form permitted an insured to rate their own property. As amended, it permits the insured to request rerating of the property. This became effective on June 14, 2019.
- Connecticut - This bill was originally similar to the California data privacy law and transporting that model to Connecticut was highly objectionable. After much opposition from the insurance industry as well as the business community, the bill amended to strike the original bill and instead create a task force to study the issue. This went into effect on July 9, 2019.
- Texas - As introduced, this bill was modeled on the California privacy bill enacted in 2018. After several rounds of negotiations, the bill was amended to create a Texas Privacy Protection Advisory Council to study the issue and submit recommendations to the Legislature by September 1, 2020.
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