| 1 | Representative Ambler offered the following: |
| 2 |
|
| 3 | Substitute Amendment for Amendment (577287) (with title |
| 4 | amendment) |
| 5 | Remove lines 148-332 and insert: |
| 6 | Section 4. Paragraph (b) of subsection (1) of section |
| 7 | 627.4147, Florida Statutes, is amended to read: |
| 8 | 627.4147 Medical malpractice insurance contracts.-- |
| 9 | (1) In addition to any other requirements imposed by law, |
| 10 | each self-insurance policy as authorized under s. 627.357 or s. |
| 11 | 624.462 or insurance policy providing coverage for claims |
| 12 | arising out of the rendering of, or the failure to render, |
| 13 | medical care or services, including those of the Florida Medical |
| 14 | Malpractice Joint Underwriting Association, shall include: |
| 15 | (b)1. Except as provided in subparagraph 2., a clause |
| 16 | authorizing the insurer or self-insurer to determine, to make, |
| 17 | and to conclude, without the permission of the insured, any |
| 18 | offer of admission of liability and for arbitration pursuant to |
| 19 | s. 766.106, settlement offer, or offer of judgment, if the offer |
| 20 | is within the policy limits. It is against public policy for any |
| 21 | insurance or self-insurance policy to contain a clause giving |
| 22 | the insured the exclusive right to veto any offer for admission |
| 23 | of liability and for arbitration made pursuant to s. 766.106, |
| 24 | settlement offer, or offer of judgment, when such offer is |
| 25 | within the policy limits. However, any offer of admission of |
| 26 | liability, settlement offer, or offer of judgment made by an |
| 27 | insurer or self-insurer shall be made in good faith and in the |
| 28 | best interests of the insured. |
| 29 | 2.a. With respect to dentists licensed under chapter 466, |
| 30 | A clause clearly stating whether or not the insured has the |
| 31 | exclusive right to veto any offer of admission of liability and |
| 32 | for arbitration pursuant to s. 766.106, settlement offer, or |
| 33 | offer of judgment if the offer is within policy limits. An |
| 34 | insurer or self-insurer shall not make or conclude, without the |
| 35 | permission of the insured, any offer of admission of liability |
| 36 | and for arbitration pursuant to s. 766.106, settlement offer, or |
| 37 | offer of judgment, if such offer is outside the policy limits. |
| 38 | However, any offer for admission of liability and for |
| 39 | arbitration made under s. 766.106, settlement offer, or offer of |
| 40 | judgment made by an insurer or self-insurer shall be made in |
| 41 | good faith and in the best interest of the insured. |
| 42 | 2.b. If the policy contains a clause stating the insured |
| 43 | does not have the exclusive right to veto any offer or admission |
| 44 | of liability and for arbitration made pursuant to s. 766.106, |
| 45 | settlement offer or offer of judgment, the insurer or self- |
| 46 | insurer shall provide to the insured or the insured's legal |
| 47 | representative by certified mail, return receipt requested, a |
| 48 | copy of the final offer of admission of liability and for |
| 49 | arbitration made pursuant to s. 766.106, settlement offer or |
| 50 | offer of judgment and at the same time such offer is provided to |
| 51 | the claimant. A copy of any final agreement reached between the |
| 52 | insurer and claimant shall also be provided to the insurer or |
| 53 | his or her legal representative by certified mail, return |
| 54 | receipt requested not more than 10 days after affecting such |
| 55 | agreement. |
| 56 | ================ T I T L E A M E N D M E N T ============= |
| 57 | Remove lines 13-32 and insert: |
| 58 | surgical centers; amending s. 627.4147, F.S.; deleting the |
| 59 | requirement that medical malpractice policies authorize the |
| 60 | insurer to admit liability or settle without the consent of the |
| 61 | insured; expanding application of a policy requirement relating |
| 62 | to a clause stating whether an insured has the exclusive right |
| 63 | to veto any offer of admission of liability, arbitration, or |
| 64 | settlement; amending s. 766.202, F.S.; revising the |