|
2012 -- H 7599 | |
|
======= | |
|
LC00896 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO PROBATE PRACTICE AND PROCEDURE -- BONDS OF EXECUTORS, | |
|
ADMINISTRATORS, AND GUARDIANS | |
|
|
|
|
|
|
|
Introduced By: Representatives Jackson, O`Neill, Gallison, Lally, and Keable | |
|
Date Introduced: February 16, 2012 | |
|
Referred To: House Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Chapter 33-17 of the General Laws entitled "Bonds of Executors, |
|
1-2 |
Administrators, and Guardians" is hereby amended by adding thereto the following section: |
|
1-3 |
33-17-30. Surety's bad faith refusal to pay a claim made under any probate surety |
|
1-4 |
bond. – (a) Notwithstanding any provisions of the general or public laws to the contrary, any |
|
1-5 |
obligee, principal or claimant, under any fiduciary bond submitted or filed under a probate court |
|
1-6 |
order, may bring an action against a surety issuing such bonds, for wrongfully and in bad faith |
|
1-7 |
refusing to pay or settle a claim pursuant to the provisions of the bonds, or otherwise wrongfully |
|
1-8 |
and in bad faith refusing to timely perform its obligations under the bond. In any action brought |
|
1-9 |
pursuant to this section, an obligee, principal or claimant may claim compensatory damages, |
|
1-10 |
punitive damages and reasonable attorneys’ fees and costs of suit. |
|
1-11 |
(b) The provisions of this section shall apply to all actions against sureties as of the |
|
1-12 |
effective date of this section, regardless of the date of the bond. |
|
1-13 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC00896 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO PROBATE PRACTICE AND PROCEDURE -- BONDS OF EXECUTORS, | |
|
ADMINISTRATORS, AND GUARDIANS | |
|
*** | |
|
2-1 |
This act would provide a cause of action on behalf of any principal or claimant covered |
|
2-2 |
under a fiduciary bond filed under a probate court order against the issuing surety for wrongfully, |
|
2-3 |
and in bad faith, refusing to pay or settle a claim, or perform its obligations under the bond. This |
|
2-4 |
act would also provide for damages and attorneys’ fees. |
|
2-5 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC00896 | |
|
======= |