Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 122 Ì487740.Î487740 LEGISLATIVE ACTION Senate . House Comm: WD . 02/12/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Lee) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.7152, Florida Statutes, is created 6 to read: 7 627.7152 Assignment of residential homeowner’s property 8 insurance post-loss benefits.- 9 (1) Under an agreement to assign post-loss benefits, an 10 assignee is bound by all post-loss obligations specified in the 11 residential homeowner’s property insurance policy. 12 Notwithstanding any policy provision or law to the contrary, 13 however, the obligation to submit to an examination under oath 14 shall be limited to one examination under oath by the insurer or 15 the insurer’s representative relating to an assignment agreement 16 and services provided by the assignee. The examination under 17 oath: 18 (a) Is limited to the person designated by the assignee as 19 the person with the most knowledge of the assignment agreement 20 and services provided pursuant to the assignment; 21 (b) Must occur in the county where the property for which 22 the loss was assigned and the work performed or in the county 23 where the assignee has offices or agents or in the county where 24 the person designated by the assignee as the person with the 25 most knowledge resides; and 26 (c) Must not last more than 3 hours. 27 (2)(a) If an assignee commences an action in any court of 28 this state based upon or including the same claim against the 29 same adverse party that the assignee has previously voluntarily 30 dismissed in a court of this state, the court may as it deems 31 proper, order the assignee to pay the costs of the adverse party 32 of the claim previously voluntarily dismissed. Upon the issuance 33 of such order, the court shall stay the proceedings in the 34 subsequent action until the assignee has complied with the 35 order. 36 (b) Upon a finding by the court that an assignee has not 37 complied with its post-loss obligations under the residential 38 homeowner's insurance policy pursuant to this section, the court 39 may not award attorney fees to the assignee under s. 627.428 40 directly related to the assignee's noncompliance with post-loss 41 obligations. 42 43 Notwithstanding the execution of an assignment, a homeowner 44 remains bound by any duty under the policy to take reasonable 45 steps to prevent further damage to the property. 46 Section 2. This act shall apply to assignment agreements 47 executed on or after July 1, 2019. 48 Section 3. This act shall take effect July 1, 2019. 49 50 ================= T I T L E A M E N D M E N T ================ 51 And the title is amended as follows: 52 Delete everything before the enacting clause 53 and insert: 54 A bill to be entitled 55 An act relating to assignment of residential 56 homeowner’s property insurance post-loss benefits; 57 creating s. 627.7152, F.S.; providing that an assignee 58 is bound by all post-loss obligations specified in a 59 residential homeowner's insurance policy; providing 60 that the obligation of the assignee to submit to an 61 examination under oath is limited to one examination 62 of a person designated by the assignee; providing 63 criteria for the assignee to designate the person who 64 will be examined under oath; providing requirements as 65 to the location and length of time of the examination 66 under oath; providing that if an assignee brings an 67 action based upon or including the same claim as a 68 previous action the assignee voluntarily dismissed, 69 the court may order an assignee to pay the costs of 70 the adverse party and shall stay the action until the 71 assignee has complied with the order; providing that 72 the court may not award the assignee an attorney fee 73 under s. 627.428, F.S., directly related to the 74 assignee's noncompliance with post loss obligations; 75 specifying that notwithstanding any assignment the 76 homeowner remains bound by any duty under the policy 77 to prevent further damage to the property; providing 78 applicability; providing an effective date.