Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 285-S.F.No. 1622 
                  An act relating to insurance; homeowner's; regulating 
                  proof of loss; proposing coding for new law in 
                  Minnesota Statutes, chapter 65A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [65A.296] [PROOF OF LOSS.] 
           Subdivision 1.  [NOTICE FROM INSURER.] After receiving 
        written notice of a claim by an insured on a homeowner's 
        insurance policy, the insurer may notify the insured that the 
        insurer may deny the claim unless a completed proof of loss is 
        received by the insurer within 60 days of the date on which the 
        written notice under this subdivision was received by the 
        insured.  The notice given by the insurer must be sent by 
        certified mail, return receipt requested, and must include a 
        proof of loss form to be completed by the insured. 
           Subd. 2.  [FAILURE TO COMPLETE TIMELY PROOF OF LOSS.] In an 
        action for the recovery of a claim on a homeowner's insurance 
        policy, an insured's failure to comply with the 60-day proof of 
        loss requirement: 
           (1) is a bar to recovery if the insured received the notice 
        specified in subdivision 1, unless the insured demonstrates to 
        the court's satisfaction that the insured had good cause for 
        failing to comply; 
           (2) is not a bar to recovery if the insured did not receive 
        the notice specified in subdivision 1, unless the insurer 
        demonstrates to the court's satisfaction that its rights were 
        prejudiced by the insured's failure to comply. 
           Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
        terms "insurer" and "homeowner's insurance" have the meanings 
        given them in section 65A.27. 
           Subd. 4.  [EFFECT ON OTHER LAW.] This section supersedes 
        any inconsistent provision of sections 65A.01, 72A.201, or other 
        law. 
           Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
           Section 1 is effective the day following final enactment, 
        and applies to claims arising from losses occurring on or after 
        that date. 
           Presented to the governor February 26, 1996 
           Signed by the governor February 27, 1996, 10:19 a.m.