Florida Senate - 2009                                     SB 960
       
       
       
       By Senator Gaetz
       
       
       
       
       4-00959-09                                             2009960__
    1                        A bill to be entitled                      
    2         An act relating to civil remedies against insurers;
    3         amending s. 624.155, F.S.; authorizing a person to
    4         bring a civil action against Citizens Property
    5         Insurance Corporation when such person is damaged by
    6         the commission of specified acts or specified
    7         violations of state law; prohibiting the assessment of
    8         punitive damages against Citizens Property Insurance
    9         Corporation; providing an effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Subsections (1) and (5) of section 624.155,
   14  Florida Statutes, are amended to read:
   15         624.155 Civil remedy.—
   16         (1) Any person may bring a civil action against an insurer,
   17  including Citizens Property Insurance Corporation, when such
   18  person is damaged:
   19         (a) By a violation of any of the following provisions by
   20  the insurer:
   21         1. Section 626.9541(1)(i), (o), or (x);
   22         2. Section 626.9551;
   23         3. Section 626.9705;
   24         4. Section 626.9706;
   25         5. Section 626.9707; or
   26         6. Section 627.7283.
   27         (b) By the commission of any of the following acts by the
   28  insurer:
   29         1. Not attempting in good faith to settle claims when,
   30  under all the circumstances, it could and should have done so,
   31  had it acted fairly and honestly toward its insured and with due
   32  regard for her or his interests;
   33         2. Making claims payments to insureds or beneficiaries not
   34  accompanied by a statement setting forth the coverage under
   35  which payments are being made; or
   36         3. Except as to liability coverages, failing to promptly
   37  settle claims, when the obligation to settle a claim has become
   38  reasonably clear, under one portion of the insurance policy
   39  coverage in order to influence settlements under other portions
   40  of the insurance policy coverage.
   41  Notwithstanding the provisions of the above to the contrary, a
   42  person pursuing a remedy under this section need not prove that
   43  such act was committed or performed with such frequency as to
   44  indicate a general business practice.
   45         (5) No Punitive damages may not shall be awarded under this
   46  section unless the acts giving rise to the violation occur with
   47  such frequency as to indicate a general business practice and
   48  such these acts are:
   49         (a) Willful, wanton, and malicious;
   50         (b) In reckless disregard for the rights of any insured; or
   51         (c) In reckless disregard for the rights of a beneficiary
   52  under a life insurance contract.
   53  Any person who pursues a claim under this subsection shall post
   54  in advance the costs of discovery. Such costs shall be awarded
   55  to the authorized insurer if no punitive damages are awarded to
   56  the plaintiff. Notwithstanding any provision to the contrary,
   57  punitive damages may not be assessed against Citizens Property
   58  Insurance Corporation.
   59         Section 2. This act shall take effect July 1, 2009.