THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BARBIN, HARPER, BRIGGS, HENNESSEY AND NEUMAN, SEPTEMBER 26, 2012

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 2012  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in special damages,

further providing for actions on insurance policies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8371 of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 8371.  Actions on insurance policies.

In an action arising under an insurance policy, if the

[court] trier of fact finds that the insurer has acted in bad

faith toward the insured, the [court] trier of fact may take all

of the following actions:

(1)  Award interest on the amount of the claim from the

date the claim was made by the insured in an amount equal to

the prime rate of interest plus 3%.

(2)  Award punitive damages against the insurer.

(3)  Assess court costs and attorney fees against the

insurer.

Section 2.  This act shall take effect in 60 days.