| 1 | A bill to be entitled |
| 2 | An act relating to civil remedies against insurers; |
| 3 | amending s. 624.155, F.S.; authorizing a person to bring a |
| 4 | civil action against Citizens Property Insurance |
| 5 | Corporation when such person is damaged by the commission |
| 6 | of specified acts or specified violations of state law; |
| 7 | prohibiting the assessment of punitive damages against |
| 8 | Citizens Property Insurance Corporation; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsections (1) and (5) of section 624.155, |
| 14 | Florida Statutes, are amended to read: |
| 15 | 624.155 Civil remedy.-- |
| 16 | (1) Any person may bring a civil action against an |
| 17 | insurer, including Citizens Property Insurance Corporation, when |
| 18 | such person is damaged: |
| 19 | (a) By a violation of any of the following provisions by |
| 20 | the insurer: |
| 21 | 1. Section 626.9541(1)(i), (o), or (x); |
| 22 | 2. Section 626.9551; |
| 23 | 3. Section 626.9705; |
| 24 | 4. Section 626.9706; |
| 25 | 5. Section 626.9707; or |
| 26 | 6. Section 627.7283. |
| 27 | (b) By the commission of any of the following acts by the |
| 28 | insurer: |
| 29 | 1. Not attempting in good faith to settle claims when, |
| 30 | under all the circumstances, it could and should have done so, |
| 31 | had it acted fairly and honestly toward its insured and with due |
| 32 | regard for her or his interests; |
| 33 | 2. Making claims payments to insureds or beneficiaries not |
| 34 | accompanied by a statement setting forth the coverage under |
| 35 | which payments are being made; or |
| 36 | 3. Except as to liability coverages, failing to promptly |
| 37 | settle claims, when the obligation to settle a claim has become |
| 38 | reasonably clear, under one portion of the insurance policy |
| 39 | coverage in order to influence settlements under other portions |
| 40 | of the insurance policy coverage. |
| 41 |
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| 42 | Notwithstanding the provisions of the above to the contrary, a |
| 43 | person pursuing a remedy under this section need not prove that |
| 44 | such act was committed or performed with such frequency as to |
| 45 | indicate a general business practice. |
| 46 | (5) No Punitive damages may not shall be awarded under |
| 47 | this section unless the acts giving rise to the violation occur |
| 48 | with such frequency as to indicate a general business practice |
| 49 | and such these acts are: |
| 50 | (a) Willful, wanton, and malicious; |
| 51 | (b) In reckless disregard for the rights of any insured; |
| 52 | or |
| 53 | (c) In reckless disregard for the rights of a beneficiary |
| 54 | under a life insurance contract. |
| 55 |
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| 56 | Any person who pursues a claim under this subsection shall post |
| 57 | in advance the costs of discovery. Such costs shall be awarded |
| 58 | to the authorized insurer if no punitive damages are awarded to |
| 59 | the plaintiff. Notwithstanding any other provision of law, |
| 60 | punitive damages may not be assessed against Citizens Property |
| 61 | Insurance Corporation. |
| 62 | Section 2. This act shall take effect July 1, 2009. |