James Whittle, assistant general counsel to the American Insurance Association (AIA), discussed recent first and third party bad faith legislation at last week's Mealey's Bad Faith Litigation Conference.
Whittle talked about the "perfect storm" behind increased legislation in 2007 favoring policyholders, including hurricanes, years of tort reform, and political changes, specifically mentioning the changing of the guard at the Maryland Governor's mansion from a modern republican to a trial lawyer.
Whittle noted that Governor Martin O'Malley's (D) signature legislation, SB389 "Liability of Insurer - Failure to Act in Good Faith," which he adopted on April 24, 2007, has been viewed by some as "consumer protection."
The bill went into effect Oct. 1. Do you view it as "consumer protection"?