PRINTER'S NO. 2783

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2189 Session of 1980


        INTRODUCED BY EARLEY, LEVIN AND RYAN, JANUARY 29, 1980

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 1980

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for the payment
     3     of interest on certain judgements.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 8101 of Title 42, act of November 25,
     7  1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
     8  Statutes, is amended to read:
     9  § 8101.  Interest on judgments.
    10     (a)  General rule.--Except as otherwise provided by another
    11  statute, a judgment for a specific sum of money shall bear
    12  interest at the lawful rate from the date of the verdict or
    13  award, or from the date of the judgment, if the judgment is not
    14  entered upon a verdict or award.
    15     (b)  Trespass action exceptions.--
    16         (1)  Any judgment for compensatory damages in an action
    17     in trespass shall bear interest at the lawful rate which
    18     shall be added by the court and shall be computed from the

     1     date of accrual of the cause of action.
     2         (2)  Every insurer, subject to the overall monetary limit
     3     of its policy, shall be liable to its insured for the payment
     4     of interest imposed pursuant to this subsection.
     5         (3)  If at any time prior to trial a defendant makes a
     6     written offer of settlement in a specified sum with prompt
     7     cash payment to the plaintiff, and continues this offer in
     8     effect until commencement of the trial without such offer
     9     being accepted, and the plaintiff does not recover by award,
    10     verdict or decision more than 125% of the offer, interest
    11     shall not be added for the period between the date the offer
    12     was made and the date of the verdict or award or from the
    13     date of judgment, if judgment is not entered upon a verdict
    14     or award.
    15         (4)  In determining the period for which interest shall
    16     be added, any portion of said period which is also relied
    17     upon for computation of damages for delay pursuant to court
    18     rule shall not be included unless the plaintiff elects to
    19     receive interest with respect to said portion in lieu of
    20     damages for delay.
    21     Section 2.  This act shall take effect in 30 days and shall
    22  apply to all causes of action accruing thereafter.






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