Amendments for SB17-045
Senate Journal, February 9
After consideration on the merits, the Committee recommends that SB17-045 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 2, strike "THE" and substitute "THE
INSURERS WITH A DUTY TO DEFEND MAY, AMONG THEMSELVES, AGREE ON
HOW TO APPORTION PAST AND FUTURE DEFENSE COSTS, INCLUDING
REASONABLE ATTORNEY FEES. ANY SUCH AGREEMENT IS ENFORCEABLE
AS A CONTRACT. IF THE INSURERS ARE UNABLE TO REACH SUCH AN
AGREEMENT WITHIN FORTY-FIVE DAYS AFTER THE FILING OF THE
CONTRIBUTION ACTION, THE".
Page 3, strike lines 4 and 5 and substitute "HEARING, WHICH MUST BE
HELD WITHIN SIXTY DAYS. STATEMENTS MADE BY PARTIES AND COUNSEL
ON BEHALF OF ANY PARTY, WHEN OFFERED TO PROVE LIABILITY FOR,
VALIDITY OF, OR AMOUNT OF ANY CLAIMS DURING THE HEARING, ARE NOT
ADMISSIBLE IN ANY SUBSEQUENT PROCEEDING. THE DISTRICT COURT
SHALL PROMPTLY DECIDE THE CLAIM".
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