HOUSE AMENDMENT Bill No. HB 15C
1	CHAMBER ACTION
2	Senate House
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12	Representative Simmons offered the following:
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14	Amendment
15	Remove line(s) 1764-1854, and insert:
16	(2)(a) In all matters under this section relating to
17	professional liability insurance coverage for medical negligence
18	and in determining whether the insurer acted fairly and honestly
19	towards its insured with due regard for her or his interest, an
20	insurer shall not be held in bad faith for failure to pay its
21	policy limits if it tenders policy limits by the 90th day after
22	the conclusion of all of the following:
23	1. One deposition of each of the defendants named in the
24	action has been completed.
25	2. The claimant has offered in writing to the defendant
26	insured the opportunity to take the deposition of all claimants
27	named in the action.
28	3. The claimant has offered in writing the name of each of
29	the expert witnesses that the claimant intends to call at trial.
30	4. The claimant has offered in writing the name of each of
31	the treating physicians that the claimant intends to call at
32	trial.
33	5. The claimant has offered in writing the name of each of
34	the fact witnesses that the claimant intends to call at trial.
35	6. The claimant has offered in writing to respond as
36	required by Rule 1.340, Florida Rules of Civil Procedure, to the
37	defendant insured's request for production of documents.
38	7. The parties have engaged in at least one voluntary or
39	compulsory mediation, which has reached an impasse or adjourned.
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41	If the claimant adds to or amends the list of expert witnesses,
42	the time under this paragraph for tendering policy limits shall
43	be extended by an additional 60 days. Either party may move the
44	court to extend or terminate the time period set forth in this
45	paragraph because the other party has unnecessarily or
46	inappropriately delayed any of the events specified in
47	subparagraphs 1.-7. The fact that the insurer did not tender
48	policy limits during the time periods specified in this
49	paragraph does not create a presumption or conclusively
50	establish that the insurer acted in bad faith.
51	(b) The following factors shall be considered by a court
52	in determining whether an insurer has attempted in good faith to
53	settle claims when, under all the circumstances, it could and
54	should have done so had it acted fairly and honestly toward its
55	insured and with due regard for her or his interests:
56	1. The insurer's willingness to negotiate with the
57	claimant in anticipation of settlement.
58	2. The insurer's consideration of the advice of the
59	insured's defense counsel.
60	3. The propriety of the insurer's methods of investigating
61	and evaluating the claim.
62	4. Whether the insurer informed the insured of the offer
63	to settle within the limits of coverage, the right to retain
64	personal counsel, and the risk of litigation.
65	5. Whether the insured denied liability or requested that
66	the case be defended after the insurer fully advised the insured
67	as to the facts and risks.
68	6. Whether the claimant imposed any condition, other than
69	the tender of the policy limits, on the settlement of the claim.
70	7. Whether the claimant provided relevant information to
71	the insurer on a timely basis.
72	8. Whether and when other defendants in the case settled
73	or were dismissed from the case.
74	9. Whether there were multiple claimants seeking, in the
75	aggregate, compensation in excess of policy limits from the
76	defendant or the defendant's insurer.
77	10. Whether the insured misrepresented material facts to
78	the insurer or made material omissions of fact to the insurer.
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80	Upon motion of either party for good cause shown, the court may
81	allow consideration of such additional factors as it determines
82	to be relevant.
83	(c) In an action under this section brought by any person,
84	other than the insured or a person to whom the insured has
85	assigned his or her cause of action under paragraph (d), damages
86	may not exceed the lesser of:
87	1. An amount equal to the insured's policy limits; or
88	2. An amount equal to the excess judgment in the action
89	for medical negligence.
90	(d) Nothing in this subsection shall be construed to
91	prohibit an insured from assigning a cause of action to an
92	injured third-party claimant for the insurer's failure to act
93	fairly and honestly towards its insured with due regard for the
94	insured's interest.
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