Florida Senate - 2024                                    SB 1726
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01339A-24                                          20241726__
    1                        A bill to be entitled                      
    2         An act relating to access by insureds to claim-related
    3         documents; creating s. 627.41375, F.S.; defining the
    4         term “claim-related documents”; requiring insurers to
    5         notify the insureds and certain parties that the
    6         insureds may obtain copies of all claim-related
    7         documents upon request; requiring insurers to provide
    8         to the insureds, the insureds’ agents and attorneys,
    9         copies of all claim-related documents within a
   10         specified timeframe after receiving requests;
   11         providing exceptions; providing construction;
   12         authorizing civil actions and recovery of insureds’
   13         attorney fees and costs; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 627.41375, Florida Statutes, is created
   18  to read:
   19         627.41375 Access by insureds to claim-related documents.—
   20         (1) As used in this section, the term “claim-related
   21  documents” means every writing that relates to the evaluation of
   22  damages, including, but not limited to, repair and replacement
   23  estimates and bids, appraisals, scopes of loss, drawings, plans,
   24  reports, third-party findings on the amount of loss, covered
   25  damages, cost of repairs, and all other valuation, measurement,
   26  and loss adjustment calculations of the amount of loss, covered
   27  damage, and cost of repairs.
   28         (2) Upon receipt of a claim, an insurer shall notify the
   29  insured or the party submitting the claim on behalf of the
   30  insured that the insured may obtain, upon request, copies of all
   31  claim-related documents.
   32         (3) Within 15 calendar days after receiving a request from
   33  an insured, the insured’s agent, or the insured’s attorney for
   34  claim-related documents, the insurer shall provide the insured
   35  with copies of all claim-related documents; however, the insurer
   36  may withhold:
   37         (a) Attorney work product documents;
   38         (b) Privileged attorney-client documents;
   39         (c) Documents that indicate fraud by the insured; or
   40         (d) Documents that contain medically privileged
   41  information,
   42  
   43  provided that the insurer identify the documents being withheld.
   44         (4) This section does not:
   45         (a) Affect discovery rights in civil litigation or
   46  arbitration; or
   47         (b) Limit the rights of an insured to any writing which the
   48  insured is otherwise entitled to receive under the terms of the
   49  insurance policy or applicable law.
   50         (5) This section may be enforced by civil action, and the
   51  insured that prevails in such action is entitled to recover the
   52  insured’s reasonable attorney fees and costs.
   53         Section 2. This act shall take effect July 1, 2024.