SB 2705

AN ACT TO AMEND SECTION 11-55-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN ANY ACTION IN WHICH ATTORNEY FEES ARE AWARDED, THERE IS A STRONG PRESUMPTION THAT A LODESTAR FEE IS SUFFICIENT AND REASONABLE; TO DESCRIBE CIRCUMSTANCES IN WHICH SUCH PRESUMPTION MAY BE OVERCOME; TO PROVIDE CERTAIN RULES OF PROCEDURE FOR SUMMARY PROCEEDINGS AUTHORIZED IN LAW; TO PROVIDE THAT EITHER PARTY IS ENTITLED TO THE SUMMARY PROCEDURE CREATED IN SECTION 2 OF THIS ACT IN ACTIONS BROUGHT FOR DECLARATORY RELIEF IN STATE OR FEDERAL COURT TO DETERMINE INSURANCE COVERAGE AFTER AN INSURER HAS MADE A TOTAL COVERAGE DENIAL; TO PROVIDE FOR AWARDS OF REASONABLE ATTORNEY FEES; TO REQUIRE THAT CERTAIN ACTIONS FOUNDED ON NEGLIGENCE SHALL COMMENCE WITHIN TWO YEARS NEXT AFTER THE CAUSE OF ACTION ACCRUED; TO PROVIDE THAT IN SUCH ACTIONS INVOLVING LATENT INJURY OR DISEASE, THE CAUSE OF ACTION DOES NOT ACCRUE UNTIL THE PLAINTIFF HAS DISCOVERED OR REASONABLY SHOULD HAVE DISCOVERED THE INJURY; TO CREATE PROVISIONS CONCERNING ACTIONS FOR BAD FAITH INVOLVING LIABILITY INSURANCES CLAIMS; TO PROVIDE FOR FAILURE TO TENDER THE LESSER OF THE POLICY LIMITS OR THE AMOUNT DEMANDED BY THE CLAIMANT; TO CREATE PROVISIONS CONCERNING TWO OR MORE THIRD-PARTY COMPETING CLAIMS ARISING OUT OF A SINGLE OCCURRENCE; TO DEFINE TERMS; TO ALLOW CERTAIN EVIDENCE OFFERED TO PROVE THE AMOUNT OF DAMAGES FOR MEDICAL TREATMENT OR SERVICES IN PERSONAL INJURY OR WRONGFUL DEATH ACTIONS; TO STIPULATE THAT THERE IS NO AFFIRMATIVE DUTY TO SEEK A REDUCTION IN BILLED CHARGES TO WHICH THE PARTY IS NOT CONTRACTUALLY ENTITLED; TO PROTECT INDIVIDUAL CONTRACTS BETWEEN PROVIDERS AND AUTHORIZED COMMERCIAL INSURERS FROM DISCOVERY, DISCLOSURE AND ADMISSION INTO EVIDENCE; TO REQUIRE CLAIMANTS TO DISCLOSE CERTAIN INFORMATION AS A CONDITION PRECEDENT TO ASSERTING A CLAIM FOR MEDICAL EXPENSES RENDERED UNDER A LETTER OF PROTECTION IN A PERSONAL INJURY OR WRONGFUL DEATH ACTION; TO CREATE PROVISIONS CONCERNING THE AMOUNT OF DAMAGES THAT MAY BE RECOVERED BY A CLAIMANT IN A PERSONAL INJURY OR WRONGFUL DEATH ACTION FOR THE REASONABLE AND NECESSARY COST OR VALUE OF MEDICAL CARE RENDERED; TO DEFINE TERMS; TO PROVIDE THAT CERTAIN OWNERS OR PRINCIPAL OPERATORS OF A MULTIFAMILY RESIDENTIAL PROPERTY HAVE A PRESUMPTION AGAINST LIABILITY IN CONNECTION WITH CRIMINAL ACTS THAT OCCUR ON THE PREMISES AGAINST THIRD PARTIES WHO ARE NOT EMPLOYEES OR AGENTS OF THE OWNER OR OPERATOR; TO REQUIRE OWNERS AND OPERATORS OF MULTIFAMILY RESIDENTIAL PROPERTY TO PROVIDE PROPER CRIME DETERRENCE AND SAFETY TRAINING TO ITS EMPLOYEES; TO REQUIRE OWNERS AND OPERATORS TO MEET A BURDEN OF PROOF IN ORDER TO ESTABLISH A PRESUMPTION AGAINST LIABILITY; TO AMEND SECTION 11-7-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN A NEGLIGENCE ACTION OTHER THAN AN ACTION BROUGH FOR PERSONAL INJURIES, OR WHERE SUCH INJURIES HAVE RESULTED IN DEATH, ANY PARTY FOUND TO BE GREATER THAN 50% AT FAULT MAY NOT RECOVER DAMAGES; TO PROVIDE THAT THIS ACT SHALL NOT IMPAIR ANY RIGHT UNDER AN INSURANCE CONTRACT IN EFFECT ON OR BEFORE THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE THAT THIS ACT APPLIES TO AN INSURANCE CONTRACT ISSUED OR RENEWED AFTER THE EFFECTIVE DATE OF THIS ACT; TO PROVIDE THAT THIS ACT SHALL APPLY TO CAUSES OF ACTION FILED AFTER THE EFFECTIVE DATE OF THIS ACT; AND FOR RELATED PURPOSES.