Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 54
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 1932 - 2023
    4  and insert:
    5         5.Other than for transportation network companies as
    6  defined in s. 627.748, requests for examinations under oath and
    7  an explanation of the consequences of an insured’s failure to
    8  submit to an examination under oath; and
    9         6. Any demands for settlement under subsection (6) or
   10  settlement offers.
   11         (j) When a loss involves multiple claimants and the
   12  claimants are unwilling to settle cumulatively within the policy
   13  limits and release the insured from further liability, in
   14  addition to fulfilling the requirements of paragraphs (a)-(i),
   15  attempt to minimize the risk of excess judgments against the
   16  insured and settle as many claims as possible within the policy
   17  limits in exchange for a release of the insured from further
   18  liability.
   19         (5) CONDITIONS PRECEDENT.—It is a condition precedent to
   20  filing a third-party action for bad faith failure to settle
   21  against an insurer that the claimant must:
   22         (a) Serve a demand for settlement, as provided in
   23  subsection (6), within the insurer’s limits of liability in
   24  exchange for a release of further liability against the insured;
   25  and
   26         (b) Obtain a final judgment in excess of the policy limits
   27  against the insured.
   28         (6) DEMAND FOR SETTLEMENT.—A demand for settlement must do
   29  all of the following:
   30         (a) Identify the:
   31         1. Date and location of loss;
   32         2. Name, address, and date of birth of the claimant;
   33         3. Name of each insured to whom the demand for settlement
   34  is directed; and
   35         4. Legal and factual basis of the claim.
   36         (b) Provide a reasonably detailed description of the
   37  claimant’s:
   38         1. Known injuries caused or aggravated by the incident on
   39  which the claim is based;
   40         2. Medical treatment causally related to the incident on
   41  which the claim is based; and
   42         3. Type and amount of known damages incurred and, if any,
   43  the damages the claimant reasonably anticipates incurring in the
   44  future.
   45         (c) State the amount of the demand for settlement.
   46         (d) State whether the demand for settlement is conditioned
   47  on the completion of an examination under oath, as authorized by
   48  subsection (8).
   49         (e) Provide a physical address, an e-mail address, and a
   50  facsimile number for further communications, including, but not
   51  limited to, responses to the demand for settlement.
   52         (f) Release the insured from any further liability upon the
   53  insurer’s acceptance of a demand for settlement which is not
   54  withdrawn pursuant to paragraph (8)(e) or paragraph (8)(g) or
   55  accepted pursuant to paragraph (8)(f).
   56         (g) Be served upon the insurer by certified mail at the
   57  address designated by the insurer with the Department of
   58  Financial Services under s. 624.422(2).
   60  claimant may not place any conditions on acceptance of a demand
   61  for settlement other than electing the right to examine the
   62  insured under oath regarding any of the following:
   63         (a) Whether the insured has the ability to satisfy a claim
   64  for damages in excess of the insurer’s limits of liability.
   65         (b) Whether any other person or entity may have actual or
   66  potential direct or vicarious liability for the insured’s
   67  negligence.
   68         (c) Whether any other insurance exists that may cover some
   69  or all of the damages sustained by the claimant.
   70         (8) EXAMINATION UNDER OATH.—After serving a demand for
   71  settlement, a claimant may examine the insured under oath, on
   72  one occasion for a period of time not to exceed 2 hours,
   73  regarding only the issues in subsection (7).
   74         (a) The claimant may request that the insured bring to the
   75  examination relevant documents in the insured’s possession,
   76  custody, or control, including, but not limited to, credit
   77  reports, insurance policies, bank statements, tax returns,
   78  deeds, titles, and other proof of assets or liabilities.
   79         (b) Except as provided in paragraph (7)(b), the claimant
   80  may not examine the insured regarding liability.
   81         (c) The claimant, the insurer, and the insured shall
   82  cooperate in scheduling the examination under oath. The insurer
   83  shall notify the insured of the date, time, and location of the
   84  examination under oath.
   85         (d) The examination under oath must occur within 30 days
   86  after the insurer’s acceptance of the settlement demand.
   87         (e) The claimant may withdraw the demand for settlement if
   88  the insured refuses to submit to an examination under oath.
   89         (f) If the insured refuses to submit to an examination
   90  under oath, the insurer may accept the demand for settlement
   91  without requiring a release of the insured. An insurer that
   92  accepts the demand for settlement pursuant to this paragraph
   93  does not have any further duty to defend the insured and may not
   94  be held liable for damages to the insured if the claimant
   95  thereafter obtains an excess judgment against the insured.
   96         (g) Within 7 days after the examination under oath, the
   97  claimant may withdraw the demand for settlement.
   98         (h)Nothing in this section applies to transportation
   99  network companies as defined in s. 627.748.
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Between lines 149 and 150
  104  insert:
  105         providing applicability;