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.
Impact
This piece of legislation will have significant implications for personal injury and wrongful death actions, especially in the context of claims involving latent injuries or diseases. It stipulates that such claims will not accrue until the injury is discovered or should have been discovered by the plaintiff. Additionally, it introduces provisions related to bad faith actions against insurers and the handling of competing third-party claims arising from a single occurrence, limiting insurers' liabilities more strictly than previous laws.
Summary
Senate Bill 2705 aims to amend Section 11-55-7 of the Mississippi Code of 1972, specifically addressing the awarding of attorney fees in civil actions. The bill establishes a strong presumption that a lodestar fee is both sufficient and reasonable when awarded by the courts. Furthermore, it outlines the circumstances under which this presumption can be overturned, potentially streamlining the process for determining reasonable attorney fees. By clarifying the presumptive fee structure, the bill aims to provide greater predictability for parties involved in civil litigation.
Contention
There may be contention surrounding the bill, particularly regarding the presumption against liability for owners of multifamily residential properties, linked to crime prevention measures. The bill creates an environment where property owners may be less liable for crimes occurring on their premises if they can demonstrate the implementation of adequate security measures. Critics may argue this incentivizes a lack of vigilance among property owners regarding tenant safety and could diminish accountability in the face of crime.