Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 122
       
       
       
       
       
       
                                Ì668170&Î668170                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment to Amendment (338298) (with title
    2  amendment)
    3  
    4         Delete lines 160 - 190
    5  and insert:
    6         (b) Notwithstanding paragraph (a), a named insured is
    7  responsible for the payment of all of the following:
    8         1. Any deductible amount due under the policy.
    9         2. Any betterment ordered and performed that is approved by
   10  the named insured.
   11         3. Any contracted work performed before the assignment
   12  agreement is rescinded.
   13         (8) The assignee shall indemnify and hold harmless the
   14  assignor from all liabilities, damages, losses, and costs,
   15  including, but not limited to, attorney fees, should the policy
   16  subject to the assignment agreement prohibit, in whole or in
   17  part, the assignment of benefits.
   18         (9)(a) An insurer shall make a determination of coverage
   19  within 7 days after receipt of notice of a claim.
   20         (b) An assignee must provide the named insured, insurer,
   21  and the assignor, if not the named insured, with a written
   22  notice of intent to initiate litigation before filing suit under
   23  the policy. Such notice must be served by certified mail, return
   24  receipt requested, or electronic delivery at least 10 business
   25  days before filing suit, but may not be served before the
   26  insurer has made a determination of coverage under s. 627.70131.
   27  The notice must specify the damages in dispute, the amount
   28  claimed, and a presuit settlement demand. Concurrent with the
   29  notice, and as a precondition to filing suit, the assignee must
   30  provide the named insured, insurer, and the assignor, if not the
   31  named insured, a detailed written invoice or estimate of
   32  services, including itemized information on equipment,
   33  materials, and supplies; the number of labor hours; and, in the
   34  case of work performed, proof that the work has been performed
   35  in accordance with accepted industry standards.
   36         (c) An insurer must respond in writing to the notice within
   37  10 business days after receiving the notice specified in
   38  paragraph (b) by making a presuit settlement offer or requiring
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete line 358
   43  and insert:
   44         assignment agreement; requiring insurers to make a
   45         determination of coverage within a certain timeframe
   46         after receiving notice of a claim; requiring notice of
   47         intent to