HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Berfield offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 748 and 749, insert:
16	Section 20. Subsection (1) of section 624.155, Florida
17	Statutes, is amended to read:
18	624.155 Civil remedy.--
19	(1) Any person may bring a civil action against an insurer
20	when such person is damaged:
21	(a) By a violation of any of the following provisions by
22	the insurer:
23	1. Section 626.9541(1)(i), (o), or (x);
24	2. Section 626.9551;
25	3. Section 626.9705;
26	4. Section 626.9706;
27	5. Section 626.9707; or
28	6. Section 627.7283.
29	(b) By the commission of any of the following acts by the
30	insurer:
31	1. Not attempting in good faith to settle claims when,
32	under all the circumstances, it could and should have done so,
33	had it acted fairly and honestly toward its insured and with due
34	regard for her or his interests;
35	2. Making claims payments to insureds or beneficiaries not
36	accompanied by a statement setting forth the coverage under
37	which payments are being made; or
38	3. Except as to liability coverages, failing to promptly
39	settle claims, when the obligation to settle a claim has become
40	reasonably clear, under one portion of the insurance policy
41	coverage in order to influence settlements under other portions
42	of the insurance policy coverage.
43	(c) In matters relating to professional liability
44	insurance coverage for medical negligence, if, after delivery of
45	the notice of intent to initiate litigation under s. 766.106,
46	the claimant has made an offer to settle the claim at or within
47	policy limits:
48	1. The determination under subparagraph (b)1. as to
49	whether the insurer, under all the circumstances, could and
50	should have settled a claim shall be based on the information
51	available to the insurer as of the time of the first such offer
52	to settle, consisting of information in the actual possession of
53	the insurer as of the time of the offer and information that the
54	insurer could have obtained as of the time of the offer through
55	reasonable investigation of the allegations contained in the
56	notice of intent to initiate litigation.
57	2. The insurer shall be deemed to have attempted in good
58	faith to settle the claim if it notified the claimant of its
59	acceptance of the first such offer within 30 days after receipt.
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61	Notwithstanding the provisions of the above to the contrary, a
62	person pursuing a remedy under this section need not prove that
63	such act was committed or performed with such frequency as to
64	indicate a general business practice.
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66	================= T I T L E A M E N D M E N T =================
67	Remove line(s) 45, and insert:
68	to conform; amending s. 624.155, F.S.; providing
69	procedures for the determination of good faith by insurers
70	in settling medical malpractice claims; amending s.
71	627.062, F.S.; prohibiting the