HOUSE AMENDMENT |
Bill No. HB 63B |
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CHAMBER ACTION |
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Representative Joyner, Galvano, and Seiler offered the |
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following: |
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Amendment |
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Remove line(s) 1757-1768, and insert: |
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(a) Whether the insurer demonstrated a reasonable |
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willingness to settle with the claimant in a prompt manner;
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(b) Whether the insurer considered the advice of its |
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defense counsel and the advice of independent counsel |
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representing solely the interests of the insured;
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(c) Whether the insurer properly investigated and |
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evaluated the claim;
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(d) Whether the insurer timely and fully advised the |
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insured of all offers to settle, the right to retain personal |
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counsel, and the probably outcome and risks of litigation;
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(e) Whether the insured denied liability or requested that |
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the case be defended after the insurer fully advised the insured |
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as to the facts and the risks;
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(f) Whether the conditions for settlement imposed by the |
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claimant, other than tender of the policy limits, were |
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reasonable;
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(g) Whether a reasonable person who was facing the |
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prospect of paying the entire loss would have settled the claim |
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within policy limits;
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(h) Whether the insurer puts its own interests or anyone |
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else's interests above the interests of the insured;
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(i) Whether there was a potential for damages to exceed |
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policy limits.
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