Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 408
       
       
       
       
       
       
                                Barcode 102810                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/05/2011           .                                
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       The Committee on Rules (Richter) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 2192 and 2193
    4  insert:
    5         (s)1. There is shall be no liability on the part of, and no
    6  cause of action of any nature shall arise against, any
    7  assessable insurer or its agents or employees, the corporation
    8  or its agents or employees, members of the board of governors or
    9  their respective designees at a board meeting, corporation
   10  committee members, or the office or its representatives, for any
   11  action taken by them in the performance of their duties or
   12  responsibilities under this subsection.
   13         a. As part of the immunity, the corporation, as a
   14  governmental entity serving a public purpose, is not liable for
   15  any claim for bad faith whether or not brought pursuant to s.
   16  624.155, and this subsection or any other provision of law does
   17  not create liability or a cause of action for bad faith or a
   18  claim for extracontractual damages.
   19         b. Such immunity does not apply to:
   20         (I)a. Any of the foregoing persons or entities for any
   21  willful tort;
   22         (II)b. The corporation or its producing agents for breach
   23  of any contract or agreement pertaining to insurance coverage;
   24         (III)c. The corporation with respect to issuance or payment
   25  of debt;
   26         (IV)d. An Any assessable insurer with respect to any action
   27  to enforce an assessable insurer’s obligations to the
   28  corporation under this subsection; or
   29         (V)e. The corporation in any pending or future action for
   30  breach of contract or for benefits under a policy issued by the
   31  corporation.; In any such action, the corporation is not shall
   32  be liable to the policyholders and beneficiaries for attorney’s
   33  fees under s. 627.428.
   34         2. The corporation shall manage its claim employees,
   35  independent adjusters, and others who handle claims to ensure
   36  they carry out the corporation’s duty to its policyholders to
   37  handle claims carefully, timely, diligently, and in good faith,
   38  balanced against the corporation’s duty to the state to manage
   39  its assets responsibly in order to minimize its assessment
   40  potential.
   41  
   42  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   43         And the directory clause is amended as follows:
   44         Delete line 1362
   45  and insert:
   46         Section 15. Paragraphs (b), (c), (d), (s), (v), and (y) of
   47  
   48  ================= T I T L E  A M E N D M E N T ================
   49         And the title is amended as follows:
   50         Delete line 120
   51  and insert:
   52         certain measures; clarifying that the corporation is
   53         immune from certain liabilities; deleting a
   54         requirement that the