| 1 | A bill to be entitled |
| 2 | An act relating to personal injury claims; creating s. |
| 3 | 626.9745, F.S.; prohibiting resolution or settlement of |
| 4 | certain personal injury claims for certain benefits within |
| 5 | a certain time after the date of an injury; providing an |
| 6 | exception when an insurer tenders policy limits to the |
| 7 | injured party; permitting insurance carriers to advance or |
| 8 | pay a portion of coverage under certain circumstances; |
| 9 | providing for a credit against final settlement or jury |
| 10 | verdict amounts for payments made; providing for |
| 11 | unenforceability of certain settlements or releases; |
| 12 | specifying a violation as a false and fraudulent insurance |
| 13 | claim to which criminal penalties apply; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 626.9745, Florida Statutes, is created |
| 19 | to read: |
| 20 | 626.9745 Full resolution or final settlement of personal |
| 21 | injury claims.--A claim for personal injuries under provisions |
| 22 | providing bodily injury liability coverage, uninsured motor |
| 23 | vehicle coverage, personal injury protection coverage, medical |
| 24 | payments coverage, general liability coverage, or any similar |
| 25 | coverage that provides benefits to compensate personal injuries |
| 26 | may not be fully resolved or finally settled for at least 30 |
| 27 | days after the date the injury occurred unless the carrier |
| 28 | providing the insurance coverage tenders the policy limits of |
| 29 | all available insurance to the injured party or the injured |
| 30 | party has consulted with or retained an attorney licensed in |
| 31 | this state who has no relationship to or involvement with the |
| 32 | insurance carrier. Nothing in this section prevents or prohibits |
| 33 | an insurance carrier from advancing or paying a portion of such |
| 34 | coverage to the injured party, provided that no release is |
| 35 | executed upon such payment. If an insurance carrier advances or |
| 36 | pays a portion of such coverage to the injured party, the |
| 37 | insurance carrier is entitled to receive a credit against the |
| 38 | total amount of any settlement or jury verdict for all sums paid |
| 39 | to the injured party. Settlements or releases entered into in |
| 40 | violation of this section are unenforceable. Violation of this |
| 41 | section constitutes a violation of s. 817.234(8)(c). |
| 42 | Section 2. This act shall take effect upon becoming a law. |