Senate Bill 1926

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    Florida Senate - 2000                                  SB 1926

    By Senator Grant





    13-1004A-00

  1                      A bill to be entitled

  2         An act relating to insurer bad-faith actions;

  3         amending s. 624.155, F.S.; establishing

  4         standards of proof for bringing a civil action

  5         or common-law action against an insurer;

  6         providing defenses; providing for damages;

  7         providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsections (1), (3), (4), and (7) of

12  section 624.155, Florida Statutes, are amended and subsection

13  (8) is added to that section to read:

14         624.155  Civil remedy.--

15         (1)  Any person may bring a civil action against an

16  insurer when such person proves by clear and convincing

17  evidence that such person is damaged:

18         (a)  By a violation of any of the following provisions

19  by the insurer:

20         1.  Section 626.9541(1)(i), (o), or (x);

21         2.  Section 626.9551;

22         3.  Section 626.9705;

23         4.  Section 626.9706;

24         5.  Section 626.9707; or

25         6.  Section 627.7283.

26         (b)  By the commission of any of the following acts by

27  the insurer:

28         1.  Not attempting in good faith to settle claims when,

29  under all the circumstances, it could and should have done so,

30  had it acted fairly and honestly toward its insured and with

31  due regard for her or his interests;

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    Florida Senate - 2000                                  SB 1926
    13-1004A-00




  1         2.  Making claims payments to insureds or beneficiaries

  2  not accompanied by a statement setting forth the coverage

  3  under which payments are being made; or

  4         3.  Except as to liability coverages, failing to

  5  promptly settle claims, when the obligation to settle a claim

  6  has become reasonably clear, under one portion of the

  7  insurance policy coverage in order to influence settlements

  8  under other portions of the insurance policy coverage.

  9

10  However, an insurer is not liable for a violation of this

11  section if a reasonable insurer would consider the claim

12  fairly debatable in law or fact. A claim is fairly debatable

13  unless there is an absence of a reasonable basis for the

14  insurer's actions. Notwithstanding the provisions of the above

15  to the contrary, a person pursuing a remedy under this section

16  need not prove that such act was committed or performed with

17  such frequency as to indicate a general business practice.

18         (3)  Upon adverse adjudication at trial or upon appeal,

19  the insurer shall be liable for damages as specified in

20  subsection (7), together with court costs and reasonable

21  attorney's fees incurred by the plaintiff.

22         (4)  No punitive damages shall be awarded under this

23  section unless the acts giving rise to the violation are

24  proved by clear and convincing evidence and occur with such

25  frequency as to indicate a general business practice and these

26  acts are:

27         (a)  Willful, wanton, and malicious;

28         (b)  In reckless disregard for the rights of any

29  insured; or

30         (c)  In reckless disregard for the rights of a

31  beneficiary under a life insurance contract.

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    Florida Senate - 2000                                  SB 1926
    13-1004A-00




  1

  2  Any person who pursues a claim under this subsection shall

  3  post in advance the costs of discovery.  Such costs shall be

  4  awarded to the insurer if no punitive damages are awarded to

  5  the plaintiff.

  6         (7)  The civil remedy specified in this section does

  7  not preempt any other remedy or cause of action provided for

  8  pursuant to any other statute or pursuant to the common law of

  9  this state.  Any person may obtain a judgment under either the

10  common-law remedy of bad faith or this statutory remedy, but

11  shall not be entitled to a judgment under both remedies.  This

12  section shall not be construed to create a common-law cause of

13  action.  The damages recoverable pursuant to this section

14  shall include those damages which are a reasonably foreseeable

15  result of a specified violation of this section by the insurer

16  and may include an award or judgment in an amount that exceeds

17  the policy limits. However, an insurer is not liable for

18  noneconomic damages caused by the insurer's violation of this

19  section except for noneconomic damages awarded in a judgment

20  against the insured in a third-party liability claim or

21  against the insurer in a first-party claim for uninsured

22  motorist benefits under s. 627.727(10).

23         (8)  A person bringing a common-law cause of action for

24  bad faith must prove by clear and convincing evidence that the

25  insurer acted in bad faith. An insurer is not liable for bad

26  faith if a reasonable insurer would consider the claim fairly

27  debatable in law or fact. A claim is fairly debatable unless

28  there is an absence of a reasonable basis for the insurer's

29  actions. The damages recoverable in a common-law bad-faith

30  cause of action include those damages that are a reasonably

31  forseeable result of the insurer's bad-faith actions and may

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    Florida Senate - 2000                                  SB 1926
    13-1004A-00




  1  include an award or judgment in an amount that exceeds the

  2  policy limits.

  3         Section 2.  This act shall take effect October 1, 2000

  4  and applies to all causes of action accruing on or after that

  5  date.

  6

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  8                          SENATE SUMMARY

  9    Provides that a person may bring a civil action against
      an insured for bad-faith actions when the person proves
10    by clear and convincing evidence that such person
      received damage as a result of specified actions of the
11    insurer. The insurer is not liable if a reasonable
      insurer would consider the claim fairly debatable in law
12    or fact. Provides that no punitive damages may be awarded
      unless the prohibited acts are proved by clear and
13    convincing evidence. Provides a limitation on the award
      of noneconomic damages. Provides standard of proof for
14    bringing a common-law action against an insurer for bad
      faith. Prescribes damages in such actions.
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