NU Online News Service, March 18, 12:17 p.m. EDT
An agents group in Pennsylvania is hoping the state Legislature will pass a tort reform measure that it said would make the state a friendlier place to do business.
Kari Kissinger, government affairs director for the Insurance Agents & Brokers of Pennsylvania, said a coalition of 40 agents, carriers, manufacturers, retailers, local governments, hospitals and medical associations, and the Chamber of Commerce are working to advance a piece of tort reform legislation that has twice passed the Legislature, but has failed to become law.
Ms. Kissinger said Pennsylvania is one of 10 states that has not repealed its joint-and-several liability law, which makes it difficult for the state to attract new business and keeps insurance premiums high for liability insurance.
"Ultimately, it trickles down to the consumer level to pay the premium," she said.
Under the current law, a defendant can be financially responsible for all of a monetary verdict in a civil trial—even if that defendant is found only partially responsible—should the other parties be unable to pay the verdict.
The state Legislature has passed a tort reform measure twice. The first time the reform bill was attached to another piece of legislation. The courts threw out that bill, saying that it lacked germaneness, which means in Pennsylvania an amendment must pertain to the primary bill. That was in 2002.
In 2006 the Legislature passed a tort reform bill again, this time as a stand-alone bill, but then-Gov. Edward G. Rendell vetoed it.
This year, with Republican Gov. Tom Corbett supporting what has always been viewed as a Republican issue, and a Republican controlled Legislature, the chances for reform look promising, Ms. Kissinger said.
"There is more than adequate support to get this through," she said.
While passing a state budget is the dominant issue before the Legislature, Ms. Kissinger said she is optimistic a bill will be passed before the end of the year.
A hearing on the tort reform measure is scheduled for April in the state Senate, and the House is moving ahead on its side.
Ms. Kissinger said there are a number of other tort reform issues that need to be addressed, but the coalition is moving incrementally to see additional reform measures.
"The Legislature is spending a lot of time in Harrisburg and they have time to see some movement on other issues," she said.
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