Amendment
Bill No. 1821
Amendment No. 32241
CHAMBER ACTION
Senate House
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1Representative Ambler offered the following:
2
3     Substitute Amendment for Amendment (577287) (with title
4amendment)
5Remove lines 148-332 and insert:
6     Section 4.  Paragraph (b) of subsection (1) of section
7627.4147, Florida Statutes, is amended to read:
8     627.4147  Medical malpractice insurance contracts.--
9     (1)  In addition to any other requirements imposed by law,
10each self-insurance policy as authorized under s. 627.357 or s.
11624.462 or insurance policy providing coverage for claims
12arising out of the rendering of, or the failure to render,
13medical care or services, including those of the Florida Medical
14Malpractice Joint Underwriting Association, shall include:
15     (b)1.  Except as provided in subparagraph 2., a clause
16authorizing the insurer or self-insurer to determine, to make,
17and to conclude, without the permission of the insured, any
18offer of admission of liability and for arbitration pursuant to
19s. 766.106, settlement offer, or offer of judgment, if the offer
20is within the policy limits. It is against public policy for any
21insurance or self-insurance policy to contain a clause giving
22the insured the exclusive right to veto any offer for admission
23of liability and for arbitration made pursuant to s. 766.106,
24settlement offer, or offer of judgment, when such offer is
25within the policy limits. However, any offer of admission of
26liability, settlement offer, or offer of judgment made by an
27insurer or self-insurer shall be made in good faith and in the
28best interests of the insured.
29     2.a.  With respect to dentists licensed under chapter 466,
30A clause clearly stating whether or not the insured has the
31exclusive right to veto any offer of admission of liability and
32for arbitration pursuant to s. 766.106, settlement offer, or
33offer of judgment if the offer is within policy limits. An
34insurer or self-insurer shall not make or conclude, without the
35permission of the insured, any offer of admission of liability
36and for arbitration pursuant to s. 766.106, settlement offer, or
37offer of judgment, if such offer is outside the policy limits.
38However, any offer for admission of liability and for
39arbitration made under s. 766.106, settlement offer, or offer of
40judgment made by an insurer or self-insurer shall be made in
41good faith and in the best interest of the insured.
42     2.b.  If the policy contains a clause stating the insured
43does not have the exclusive right to veto any offer or admission
44of liability and for arbitration made pursuant to s. 766.106,
45settlement offer or offer of judgment, the insurer or self-
46insurer shall provide to the insured or the insured's legal
47representative by certified mail, return receipt requested, a
48copy of the final offer of admission of liability and for
49arbitration made pursuant to s. 766.106, settlement offer or
50offer of judgment and at the same time such offer is provided to
51the claimant. A copy of any final agreement reached between the
52insurer and claimant shall also be provided to the insurer or
53his or her legal representative by certified mail, return
54receipt requested not more than 10 days after affecting such
55agreement.
56================ T I T L E  A M E N D M E N T =============
57     Remove lines 13-32 and insert:
58surgical centers; amending s. 627.4147, F.S.; deleting the
59requirement that medical malpractice policies authorize the
60insurer to admit liability or settle without the consent of the
61insured; expanding application of a policy requirement relating
62to a clause stating whether an insured has the exclusive right
63to veto any offer of admission of liability, arbitration, or
64settlement; amending s. 766.202, F.S.; revising the


CODING: Words stricken are deletions; words underlined are additions.