View Amendment Current Amendment: 18959AB11.docx to Bill 3344     Senator MALLOY proposed the following amendment (AGM\18959AB11):
    Amend the bill, as and if amended, Section 38-57-115(B), as contained in SECTION 2, page 3, lines 1-3 by deleting / ; however, nothing in this section may be construed to create or imply a private cause of action for a violation of this section / and inserting / and to expressly create a private cause of action for a violation of this section, notwithstanding the provisions of Chapter 57 and Chapter 59, Title 38, or another provision of law /.

Amend the bill further, Section 38-57-115(I), as contained in SECTION 2, page 6, line 8, by inserting / and may be liable in a civil action brought by a party for a violation, notwithstanding the provisions of Chapter 57 and Chapter 59, Title 38, or another provision of law / after / 38-2-10 /.

Amend the bill further, Section 38-57-115(K), as contained in SECTION 2, page 6, line 35, by deleting / civilly or /.

Amend the bill further by adding an appropriately numbered SECTION to read:

/ SECTION     ___.     Section 38-57-10 of the 1976 Code is amended to read:

    "Section 38-57-10.     The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the act of Congress of March 9, 1945, (Public Law 15, 79th Congress), by defining, or providing for the determination of, all the practices in this State which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined. The provisions of this chapter do not prevent a private cause of action brought for a violation of the 'Unfair Discrimination Against Subjects of Abuse in Insurance Act' found in Section 38-57-115." /

Amend the bill further by adding an appropriately numbered SECTION to read:

/ SECTION     ___.     Article 1, Chapter 59, Title 38 is amended by adding:

    "Section 38-59-15.     Notwithstanding the provisions of this chapter or another provision of law, the provisions of this chapter do not prevent a cause of action brought for a violation of the 'Unfair Discrimination Against Subject of Abuse in Insurance Act' found in Section 38-57-115." /

    Renumber sections to conform.
    Amend title to conform.