Subrogation — Made-Whole Doctrine vs. Fortis Benefits HB 1869 – Contractual Subrogation Rights of Certain Insurers and Benefit Plan Issuers by Price
The Texas Supreme Court ruled in the 2007 Fortis Benefits case that a health insurer’s contractual subrogation rights trumped the made-whole doctrine. These companion bills would change that to provide a statutory formula for a balanced division of the monetary recovery between the injured party and the party’s health insurer in those cases where there is not enough money to fully compensate the injured party. The bill was heard yesterday in the House Jurisprudence and Civil Practices Committee (JCP). The bill was left pending.
Judicial Selection SJR 34 Duncan, SB 577 by Duncan
The Senate State Affairs Committee heard testimony yesterday regarding this proposed constitutional amendment/bill which would change selection of appellate judges to appoint/elect/retain. After vigorous questioning, the bill was left pending.
Bill Will Increase Civil Court Filing Fees to Pay for Statewide E-filing: HB 2302 by Hunter
This bill, heard in the House JCP Committee yesterday, would create a statewide court electronic filing system fund and raise certain civil and probate court filing fees to fund the account. The committee substitute laid out on Monday in the House JCP Committee hearing would increase the civil court and probate filing fee by $20. Another bill would charge $2 for each civil court document filed. Criminal court costs and JP court costs would also be increased. No one registered against the bill, and it was left pending.
Defamation Retraction Act: HB 1759 by Hunter
This bill, which was heard in the House JCP Committee yesterday, imposes significant pre-suit conditions on defamation suit filings and limits recoverable damages in some situations. Major media outlets testified in favor of the bill. No one testified against it. The bill was left pending.
Interlocutory Appeal of Anti-Slapp Motion HB2935 by Hunter
This bill, which would make clear that appellate courts have jurisdiction to hear an interlocutory appeal of a denial of an anti-slapp motion to dismiss, was heard in the House JCP Committee yesterday. Characterized by supporters as a “clean-up bill,” no one testified in opposition. The bill was left pending.