HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representative Brown offered the following:
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14	Amendment to Amendment (90397) (with directory and title
15	amendments)
16	Between line(s) 116 and 117, insert:
17	(15) In all matters relating to professional liability
18	insurance coverage for medical negligence, and in determining
19	whether the insurer acted fairly and honestly towards its
20	insured with due regard for her or his interest during the
21	presuit process or after a complaint has been filed, the
22	following factors shall be considered:
23	(a) The insurer's willingness to negotiate with the
24	claimant;
25	(b) The insurer's consideration of the advice of its
26	defense counsel;
27	(c) The insurer's proper investigation of the claim;
28	(d) Whether the insurer informed the insured of the offer
29	to settle within the limits of coverage, the right to retain
30	personal counsel, and the risk of litigation;
31	(e) Whether the insured denied liability or requested that
32	the case be defended;
33	(f) Whether the claimant imposed any condition, other than
34	the tender of the policy limits, on the settlement of the claim;
35	and
36	(g) Whether the insurer tenders its policy limits at least
37	60 days prior to trial in the underlying case giving rise to a
38	bad faith claim.
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40	============= D I R E C T O R Y A M E N D M E N T =============
41	Remove line 17, and insert:
42	amended, and subsections (13), (14), and (15) are added to said
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45	Remove line(s) 174, and insert: investigation; providing
46	factors to be considered with respect to certain claims of bad
47	faith against an insurer; creating s. 766.1065, F.S.; requiring
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