Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 1866
                        Barcode 200784
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 17/AD/2R         .                    
       05/02/2007 12:53 PM         .                    
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11  Senator Atwater moved the following amendment:
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13         Senate Amendment (with directory amendment) 
14         On page 59, between lines 22 and 23,
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16  insert:  
17         (r)1.  There shall be no liability on the part of, and
18  no cause of action of any nature shall arise against, any
19  assessable insurer or its agents or employees, the corporation
20  or its agents or employees, members of the board of governors
21  or their respective designees at a board meeting, corporation
22  committee members, or the office or its representatives, for
23  any action taken by them in the performance of their duties or
24  responsibilities under this subsection. Such immunity does not
25  apply to:
26         a.1.  Any of the foregoing persons or entities for any
27  willful tort;
28         b.2.  The corporation or its producing agents for
29  breach of any contract or agreement pertaining to insurance
30  coverage;
31         c.3.  The corporation with respect to issuance or
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    10:30 AM   05/02/07                            s1866c1b-25-14t

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1866 Barcode 200784 1 payment of debt; or 2 d.4. Any assessable insurer with respect to any action 3 to enforce an assessable insurer's obligations to the 4 corporation under this subsection; or. 5 e. The corporation in any pending or future action for 6 breach of contract or for benefits under a policy issued by 7 the corporation; in any such action, the corporation shall be 8 liable to the policyholders and beneficiaries for attorney's 9 fees under s. 627.428. 10 2. The corporation shall manage its claim employees, 11 independent adjusters, and others who handle claims to ensure 12 they carry out the corporation's duty to its policyholders to 13 handle claims carefully, timely, diligently, and in good 14 faith, balanced against the corporation's duty to the state to 15 manage its assets responsibly to minimize its assessment 16 potential. 17 18 19 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ==== 20 And the directory clause is amended as follows: 21 On page 22, line 28, delete that line 22 23 and insert: 24 Section 1. (n), (r), and (v) of subsection (6) of 25 section 627.351, Florida 26 27 28 29 30 31 2 10:30 AM 05/02/07 s1866c1b-25-14t