California Senate Approves Bill to Overturn Howell vs. Hamilton Meats Supreme Court Decision
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"SB 1528 is a wolf in sheep's clothing in its current form. The sponsors of this measure say the Howell decision has "caused some confusion" and that SB 1528 "is intended to clarify" the measure of an injured person's medical damages. In reality, this 6 to 1 decision by
A diverse coalition of public entities, non-profits and businesses has joined forces to oppose SB 1528. A few of the members of the opposition coalition include: the
"Businesses and consumers will pay the price if this bill becomes law. If legislation is enacted to overturn the Howell decision, insurance rates could significantly rise because the higher billed charges will increase payouts to plaintiffs and their attorneys, which will be absorbed by everyone. State and local governments, non-profits and all businesses that self-insure to fund their own litigation damages could expect to pay higher amounts for the inflated medical damages in all personal injury cases," said Feliciano. "In 2010, auto and homeowner insurers paid
"Members of the Assembly should take a very close look at this bill when it comes before them," said Feliciano. "Assembly members should ask two questions: 1. Is it right to compensate someone for damages that were never paid or incurred? 2. Is now the time to increase the cost of insurance to homeowners and drivers and every business and public entity that buys liability coverage in
SB 1528 was approved by the
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