PRINTER'S NO. 718

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 653 Session of 1991


        INTRODUCED BY ITKIN, JOHNSON, MELIO, JOSEPHS, KUKOVICH, BILLOW,
           DALEY, STISH, MIHALICH, CAPPABIANCA, HALUSKA, PESCI,
           BELFANTI, DeLUCA, PISTELLA, TRELLO, JAMES, FREEMAN,
           RICHARDSON, VEON, STABACK, TANGRETTI, SALOOM, E. Z. TAYLOR,
           ANGSTADT AND JADLOWIEC, MARCH 12, 1991

        REFERRED TO COMMITTEE ON INSURANCE, MARCH 12, 1991

                                     AN ACT

     1  Amending the act of July 22, 1974 (P.L.589, No.205), entitled
     2     "An act relating to unfair insurance practices; prohibiting
     3     unfair methods of competition and unfair or deceptive acts
     4     and practices; and prescribing remedies and penalties,"
     5     authorizing private actions and punitive damages.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The act of July 22, 1974 (P.L.589, No.205), known
     9  as the Unfair Insurance Practices Act, is amended by adding a
    10  section to read:
    11     Section 13.1.  Private actions; remedies.--(a)  In addition
    12  to the powers of the Insurance Commissioner provided for in this
    13  act, an insured shall have the right to institute and maintain a
    14  private action against an insurer to enforce this act in the
    15  court of common pleas having personal jurisdiction over the
    16  insured.
    17     (b)  Punitive damages may be awarded by the court to any
    18  aggrieved insured in such amount as determined appropriate by

     1  the court.
     2     Section 2.  This act shall take effect in 60 days.



















    A25L40WMB/19910H0653B0718        - 2 -