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                                                       PRINTER'S NO. 827

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 745 Session of 2007


        INTRODUCED BY GREENLEAF, RAFFERTY, O'PAKE, EARLL, TARTAGLIONE,
           ERICKSON, BOSCOLA AND RHOADES, APRIL 10, 2007

        REFERRED TO JUDICIARY, APRIL 10, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing, in
     3     special damages, for actions on insurance policies.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 8371 of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 8371.  Actions on insurance policies.
     9     In an action arising under an insurance policy, if the
    10  [court] trier of fact finds that the insurer has acted in bad
    11  faith toward the insured, the [court] trier of fact may take all
    12  of the following actions:
    13         (1)  Award interest on the amount of the claim from the
    14     date the claim was made by the insured in an amount equal to
    15     the prime rate of interest plus 3%.
    16         (2)  Award punitive damages against the insurer.
    17         (3)  Assess court costs and attorney fees against the
    18     insurer.

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




















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