Georgia Gov. Brian P. Kemp has signed legislation into law that he and his administration believe will stabilize insurance costs for businesses and consumers, and increase transparency and fairness.

A press release from Kemp’s office calls the legislative package “commonsense, meaningful tort reform” that levels the playing field in Georgia courtrooms and bans “hostile” foreign powers from taking advantage of consumers and legal proceedings.

The package includes SB68 and SB69. SB68 was approved to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions. SB69 became law to regulate third-party litigation financing practices in Georgia.

The press release notes that the laws:

• • Reevaluate the standard for negligent security liability, i.e., premises liability;
  • Ensure truthful calculation of medical damages in personal injury cases;
  • Eliminate the use of anchoring tactics when presenting damages for pain and suffering to a jury during the closing arguments of a trial;
  • Do not place a cap on the amount of money a jury may award;
  • Permits a party in a case to move for bifurcation of the trial, so that the defendant is found liable before the jury hears evidence detailing the extent of the plaintiff’s damages;
  • Allow juries to know whether the plaintiff was wearing their seatbelt at the time of the auto accident;
  • Eliminate double recovery of attorney’s fees;
  • Eliminate voluntary dismissal during trial;
  • Allow defendants to file motions to dismiss in lieu of an answer to cut down “unnecessary” discovery expenses while a motion to dismiss is pending; and
  • Reform and bring transparency to third-party litigation funding.

“As a result of this collective effort and outpouring of support from Georgians of all backgrounds, Georgia continues to move in the right direction as we work to stabilize costs and compete for economic opportunities that will create good-paying jobs for hardworking Georgians across our state,” said Kemp, in the release.

Georgia Insurance and Safety Fire Commissioner John King told Atlanta News First Investigates, “So much political capital was spent on getting tort reform, they better not come to our office and ask a ridiculous rate increase.”

He also told the news outlet he expects decreases to be filed soon.

“Abuses in the civil justice system were their biggest reason why rates were so high,” he told Atlanta News First Investigates. “Now we expect them to meet us in the middle.”

According to the article, “the changes are supposed to curb multi-million dollar insurance payouts for lawsuits against businesses that did not take enough precaution to prevent a crime or injury from happening.” For the collision repair industry, this begs the question: How would ignoring a documented OEM repair procedure be handled in court?

Insurance Information Institute Spokesperson Mark Friedlander told the news station that it will likely take 12-18 months for previously filed lawsuits to go through the courts, and even then, there may be more national challenges, so rates aren’t expected to drop right away.

King encouraged consumers to contact his office with concerns, complaints, and questions about their insurance policies, and said he plans to ask Georgia lawmakers for more authority on fining insurance companies during the next legislative session, the article states.

“My position on this important issue has not changed — these are not anti-lawyer or pro-insurance bills, these are pro-Georgia bills,” said Lt. Gov. Burt Jones, in the press release. “These bills ensure that we put Georgia families and consumers first by tackling the hidden costs we have all been paying thanks to Georgia’s current tort laws.”

House Speaker Jon Burns called the new laws the most comprehensive lawsuit reform in Georgia in nearly two decades, which will “return much-needed balance to our state’s courtrooms and deliver financial relief to Georgia’s citizens and businesses facing skyrocketing insurance premiums — all while ensuring we protect the rights of Georgians with legitimate claims,” he said, in the release.

Senate President Pro Tempore John F. Kennedy and House Majority Whip James Burchett also voiced support for the laws.

However, at least one legislator spoke out against the reform.

“Nothing in this bill will address car accident insurance premiums; it won’t address homeowner premiums; it won’t address business premiums,” said state Rep. Tanya Miller (D-Atlanta), according to Atlanta News First Investigates.

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