HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Brown offered the following:
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15	Amendment to Amendment (90397) (with directory and title
16	amendments)
17	Between line(s) 116 and 117, insert:
18	(15) In all matters relating to professional liability
19	insurance coverage for medical negligence, and in determining
20	whether the insurer acted fairly and honestly towards its
21	insured with due regard for her or his interest during the
22	presuit process or after a complaint has been filed, the
23	following factors shall be considered:
24	(a) The insurer's willingness to negotiate with the
25	claimant;
26	(b) The insurer's consideration of the advice of its
27	defense counsel;
28	(c) The insurer's proper investigation of the claim;
29	(d) Whether the insurer informed the insured of the offer
30	to settle within the limits of coverage, the right to retain
31	personal counsel, and the risk of litigation;
32	(e) Whether the insured denied liability or requested that
33	the case be defended; and
34	(f) Whether the claimant imposed any condition, other than
35	the tender of the policy limits, on the settlement of the claim.
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37	============= D I R E C T O R Y A M E N D M E N T =============
38	Remove line 17, and insert:
39	amended, and subsections (13), (14), and (15) are added to said
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42	Remove line(s) 174, and insert: investigation; providing
43	factors to be considered with respect to certain claims of bad
44	faith against an insurer; creating s. 766.1065, F.S.; requiring