Thomas M. Barrett: “By the language of this amendment, Mr. Chairman, the 60 days begins to run on the first contact between the plaintiff's…”

“By the language of this amendment, Mr. Chairman, the 60 days begins to run on the first contact between the plaintiff's attorney and the insurance company, but the bill itself, the amendment itself, does not kick in until there is a Federal diversity suit. There is not going to be a Federal diversity suit until an action is filed, so we are going to have the unusual effect of the plaintiff's attorney making the demand, waiting 60 days. There is no lawsuit. It does not kick in. By its own terms, Mr. Chairman, this amendment does not work, it does not fit together, because it will not kick in until after the plaintiff's attorney waits the 60 days.”