SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
    Amendment No. ___   Barcode 105928
                            CHAMBER ACTION
              Senate                               House
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       04/23/2003 12:13 PM         .                    
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11  Senator Saunders moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 16, between lines 27 and 28,
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16  insert:  
17         (14)(a)  In regard to insurance company bad-faith
18  actions arising out of medical malpractice claims, common law
19  bad-faith principles shall apply and not statutory bad-faith
20  principles.
21         (b)  An insurer shall not be held to have acted in bad
22  faith for failure to timely pay its policy limits if it
23  tenders its policy limits prior to the conclusion of the
24  presuit screening period provided for in this section, during
25  an extension provided for therein, during a period of 180 days
26  thereafter, or during a 60-day period after the filing of an
27  amended medical malpractice complaint alleging new facts
28  previously unknown to the insurer. Failure of an insurer to
29  tender its policy limits during the timeframes specified
30  herein does not create a presumption that the insurer acted in
31  bad faith.
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    3:50 PM   04/22/03                              s0564c3c-37c2r


                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 564, SB 2120 & SB 2620
    Amendment No. ___   Barcode 105928
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 1, line 18, after the semicolon,
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 5  insert:
 6         providing that common law bad-faith principles
 7         apply to actions regarding insurance companies;
 8         specifying circumstances under which an insurer
 9         will not be held to have acted in bad faith;
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    3:50 PM   04/22/03                              s0564c3c-37c2r