Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 730
       
       
       
       
       
       
                                Ì865748XÎ865748                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2017           .                                
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       The Committee on Banking and Insurance (Farmer) recommended the
       following:
       
    1         Senate Substitute for Amendment (592904) (with title
    2  amendment)
    3  
    4         Delete lines 302 - 362
    5  and insert:
    6         (4) The receiver may petition the receivership court to set
    7  a date certain before which all contingent or unliquidated
    8  claims are final. In addition to the notice requirements in this
    9  section, the receiver shall give notice of filing the petition
   10  to all claimants with claims that remain contingent or
   11  unliquidated under this section.
   12         (5) Notwithstanding any other provision of this chapter,
   13  the receiver may petition the receivership court to set a date
   14  certain after which no further claims may be filed.
   15         Section 10. Subsection (5) is added to section 631.192,
   16  Florida Statutes, to read:
   17         631.192 Allowance of certain claims.—
   18         (5) A claim may not be allowed for postjudgment interest
   19  accrued after the date of liquidation.
   20         Section 11. Paragraphs (a), (b), and (j) of subsection (1)
   21  of section 631.271, Florida Statutes, are amended to read:
   22         631.271 Priority of claims.—
   23         (1) The priority of distribution of claims from the
   24  insurer’s estate shall be in accordance with the order in which
   25  each class of claims is set forth in this subsection. Every
   26  claim in each class shall be paid in full or adequate funds
   27  shall be retained for such payment before the members of the
   28  next class may receive any payment. No subclasses may be
   29  established within any class. The order of distribution of
   30  claims shall be:
   31         (a) Class 1.—
   32         1. All of the receiver’s costs and expenses of
   33  administration.
   34         2. All of the expenses of a guaranty association or foreign
   35  guaranty association in handling claims.
   36         3. All of the deputy supervisor’s costs and expenses of
   37  administration incurred as a result of administrative
   38  supervision under part VI of chapter 624.
   39         (b) Class 2.—All claims under policies for losses incurred,
   40  including third-party claims, all claims against the insurer for
   41  liability for bodily injury or for injury to or destruction of
   42  tangible property which claims are not under policies, and all
   43  claims of a guaranty association or foreign guaranty
   44  association, and all claims related to a patient’s healthcare
   45  coverage by physicians, hospitals, and other providers of a
   46  health insurer or health maintenance organization. All claims
   47  under life insurance and annuity policies, whether for death
   48  proceeds, annuity proceeds, or investment values, shall be
   49  treated as loss claims. That portion of any loss,
   50  indemnification for which is provided by other benefits or
   51  advantages recovered by the claimant, may not be included in
   52  this class, other than benefits or advantages recovered or
   53  recoverable in discharge of familial obligations of support or
   54  by way of succession at death or as proceeds of life insurance,
   55  or as gratuities. No payment by an employer to her or his
   56  employee may be treated as a gratuity.
   57         (j) Class 10.—Interest on allowed claims of Classes 1
   58  through 9. The rate of interest payable on an allowed claim must
   59  accrue from the date of liquidation until such time as the
   60  receivership court approves the distribution. The interest rate
   61  must be calculated in accordance
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete line 56
   66  and insert:
   67         F.S.; prohibiting claims for postjugdment interest
   68         accrued after the date of liquidation; amending s.