Spark It Up!!!: Terry Kilgore's HB172

HOUSE BILL NO. 172AMENDMENT IN THE NATURE OF A SUBSTITUTE(Proposed by the House Committee for Courts of Justiceon February 8, 2008)(Patron Prior to Substitute--Delegate Kilgore)A BILL to amend and reenact § 8.01-417 of the Code of Virginia, relating to the disclosure of insurance policy limits prior to the filing of a lawsuit.

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-417 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-417. Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party.

A. Any person who takes from a person who has sustained a personal injury a signed written statement or voice recording of any statement relative to such injury shall deliver to such injured person a copy of such written statement forthwith or a verified typed transcription of such recording within 30 days from the date such statement was given or recording made, when and if the statement or recording is transcribed or in all cases when requested by the injured person or his attorney.

B. Unless otherwise ordered for good cause shown, when one party to a civil proceeding subpoenas documents, the subpoenaing party, upon receipt of the subpoenaed documents, shall, if requested in writing, provide true and full copies of the same to any other party or to the attorney for any other party, provided the other party or attorney for the other party pays the reasonable cost of copying or reproducing the subpoenaed documents. This provision does not apply where the subpoenaed documents are returnable to and maintained by the clerk of court in which the action is pending.

C. After he gives written notice that he represents an injured person, an attorney, or an individual injured in a motor vehicle accident if he is not represented by counsel, may, prior to the filing of a civil action for personal injuries sustained as a result of a motor vehicle accident, request by certified mail that the insurer disclose the limits of liability of any motor vehicle liability or any personal injury liability insurance policy which may be applicable to the claim. The requesting party shall provide the insurer with the date of the motor vehicle accident, the name and last known address of the alleged tortfeasor, a copy of the accident report, if any, and the claim number, if available. The insurer shall respond in writing within thirty days of receipt of the request, and shall disclose the limits of liability at the time of the accident of all such policies, regardless of whether the insurer contests the applicability of the policy to the injured person's claim. Information concerning the insurance policy is not by reason of disclosure pursuant to this subsection admissible as evidence at trial.

Part C is the new B/S. Can you say lawyers looking out for lawyers? It is sickening that a Republican would introduce this bill or vote for it. Terry Kilgore(R) and my rep Del Bud Phillips(D) (DelBud) are both lawyers. Both are supporting this bill. Pitiful.

Get the whole story from a man that knows over at Spank That Donkey. This bill if passed will cost U$. Spanky has the names...It is up to us to contact our reps and get them to kill this bill. Kilgore lost some points with me because this bill stinks.