Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1894
       
       
       
       
       
       
                                Barcode 353280                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             04/24/2009 03:42 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 155 and 156
    4  insert:
    5         Section 7. Section 626.9375, Florida Statutes, is created
    6  to read:
    7         626.9375 Claims administration.—
    8         (1) Without limitation of any right or defense of a surplus
    9  lines insurer, the following acts by or on behalf of a surplus
   10  lines insurer do not constitute a waiver of any provision of a
   11  policy or of any defense of the insurer thereunder:
   12         (a) Acknowledgment of the receipt of notice of loss or
   13  claim under the policy.
   14         (b) Furnishing forms for reporting a loss or claim, giving
   15  information relative thereto, or making proof of loss, or
   16  receiving or acknowledging receipt of any such forms or
   17  evidence, completed or uncompleted.
   18         (c) Investigating any loss or claim under any policy or
   19  engaging in negotiations toward a possible settlement of any
   20  such loss or claim.
   21         (2) For surplus lines policies issued or renewed on or
   22  after October 1, 2009, a surplus lines liability insurer may not
   23  deny coverage based on a particular coverage defense unless:
   24         (a) Within 90 days after the liability insurer knew or
   25  should have known of the coverage defense, written notice of
   26  reservation of rights to assert a coverage defense is given to
   27  the named insured by registered or certified mail sent to the
   28  last known address of the insured or by hand delivery; and
   29         (b) Within 90 days after compliance with paragraph (a) or
   30  receipt of a summons and complaint naming the insured as a
   31  defendant, whichever occurs later, but not later than 30 days
   32  before trial, the insurer:
   33         1. Gives written notice to the named insured by registered
   34  or certified mail of its refusal to defend the insured;
   35         2. Obtains from the insured a nonwaiver agreement following
   36  full disclosure of the specific facts and policy provisions upon
   37  which the coverage defense is asserted and the duties,
   38  obligations, and liabilities of the insurer during and following
   39  the subject litigation; or
   40         3. Retains independent counsel mutually agreeable to the
   41  parties. Reasonable fees for the counsel may be agreed upon
   42  between the parties or, if no agreement is reached, shall be set
   43  by the court.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46         And the title is amended as follows:
   47         Delete line 35
   48  and insert:
   49         the face of the policy; creating s. 626.9375, F.S.;
   50         providing that certain acts by or on behalf of a
   51         surplus lines insurer do not constitute a waiver of
   52         any provision of a policy or of any defense of the
   53         insurer thereunder; providing circumstances under
   54         which a surplus lines insurer may deny coverage for
   55         certain policies based on a particular coverage
   56         defense; providing for severability;