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.