HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Albright offered the following:

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13         Amendment (with title amendment) 

14         On page 86, between lines 18 and 19 of the bill

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16  insert:

17         Section 72.  Effective October 1, 1999, subsection 1 of

18  section 627.743, Florida Statutes, is amended and subsection 2

19  is added to said section to read:

20         627.743  Payment of third-party claims.--

21         (1)  Before making any payment on a claim for damage to

22  an automobile for a total loss, regardless of amount, which

23  automobile is owned by a person who is not named as an insured

24  in the policy under which payment is made, the insurer shall

25  first cause a search of the records of the Department of

26  Highway Safety and Motor Vehicles to be made in order to

27  determine whether the damaged vehicle is subject to any liens.

28  If the search discloses the existence of any liens, payment of

29  the claim shall be made jointly to the owner of the damaged

30  vehicle and the first lienholder of record.  The insurer shall

31  not be subject to the requirements of this section if the

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    File original & 9 copies    04/29/99
    hbd0001                     10:53 am         01270-0024-233123




                                                   HOUSE AMENDMENT

                          Bill No. CS for CS for SB 1270, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  owner of the damaged vehicle presents to the insurer a title

 2  certificate for such vehicle.

 3         (2)  When making any payment on a third party claim for

 4  damage to an automobile for a partial loss, the insurer shall

 5  have printed on the loss estimate, if prepared by the insurer,

 6  the following:  "Failure to use the insurance proceeds in

 7  accordance with the security agreement, if any, could be a

 8  violation of s. 812.014, Florida Statutes.  If you have any

 9  questions, contact your lending institution."  However, this

10  subsection does not apply if the insurer does not prepare the

11  loss estimate.

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14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 7, line 20

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18  after the semicolon insert:

19  amending s. 627.743, F.S.; requiring an insurer to provide

20  notice to the owner of a damaged vehicle as to the

21  consequences of failure to use the insurance proceeds in

22  accordance with a security agreement; providing an exception;

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    File original & 9 copies    04/29/99
    hbd0001                     10:53 am         01270-0024-233123