Insurers would check certain repair contractors’ licenses before paying claims and could delay payment when the check cannot be completed, subject to notice and recordkeeping rules.
Insurers or their adjusters would check the state license of a contractor named on certain repair-payment checks before paying the claim.
Insurers could avoid bad-faith penalties and attorney fees for payment delays caused by failed license checks, but only after documenting the search and notifying the insured.
An insurer’s representative could not be sued separately under these good-faith-duty rules when the claim is based on the insurer’s conduct.
An insurer or its adjuster would first check a contractor’s license through the state contractors board’s website or portal. This applies when a contractor is named as a payee on a check or draft for repairing or restoring immovable property. The insurer must have satisfactory proof of loss before paying the claim. Payment must also follow the required license check when that check applies. The license check must happen before the insurer issues the covered payment.
An insurer would not be treated as acting in bad faith or owe penalties or attorney fees for a payment delay directly and reasonably caused by an inability to verify the contractor’s license. This protection applies to delays in transmitting payments covered by the insurance-claim payment rules. The insurer must record the search date, time, and result in the claim file. The insurer must notify the insured in writing within five business days after the failed search. The notice must say that payment is being withheld or delayed while the contractor’s license status is checked. The written notice is due within five business days after the failed verification attempt.
An insurer’s representative would not face a separate legal claim under these good-faith-duty provisions apart from a claim against the insurer. This applies to representatives of insurers under the good-faith-duty rules. This limitation does not erase the separate conditions that restrict claims involving personal injury or bodily injury.
No hearings or votes scheduled.