1 | Representative Ambler offered the following: |
2 |
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3 | Substitute Amendment for Amendment (577287) (with title |
4 | amendment) |
5 | Remove lines 148-332 and insert: |
6 | Section 4. Paragraph (b) of subsection (1) of section |
7 | 627.4147, Florida Statutes, is amended to read: |
8 | 627.4147 Medical malpractice insurance contracts.-- |
9 | (1) In addition to any other requirements imposed by law, |
10 | each self-insurance policy as authorized under s. 627.357 or s. |
11 | 624.462 or insurance policy providing coverage for claims |
12 | arising out of the rendering of, or the failure to render, |
13 | medical care or services, including those of the Florida Medical |
14 | Malpractice Joint Underwriting Association, shall include: |
15 | (b)1. Except as provided in subparagraph 2., a clause |
16 | authorizing the insurer or self-insurer to determine, to make, |
17 | and to conclude, without the permission of the insured, any |
18 | offer of admission of liability and for arbitration pursuant to |
19 | s. 766.106, settlement offer, or offer of judgment, if the offer |
20 | is within the policy limits. It is against public policy for any |
21 | insurance or self-insurance policy to contain a clause giving |
22 | the insured the exclusive right to veto any offer for admission |
23 | of liability and for arbitration made pursuant to s. 766.106, |
24 | settlement offer, or offer of judgment, when such offer is |
25 | within the policy limits. However, any offer of admission of |
26 | liability, settlement offer, or offer of judgment made by an |
27 | insurer or self-insurer shall be made in good faith and in the |
28 | best interests of the insured. |
29 | 2.a. With respect to dentists licensed under chapter 466, |
30 | A clause clearly stating whether or not the insured has the |
31 | exclusive right to veto any offer of admission of liability and |
32 | for arbitration pursuant to s. 766.106, settlement offer, or |
33 | offer of judgment if the offer is within policy limits. An |
34 | insurer or self-insurer shall not make or conclude, without the |
35 | permission of the insured, any offer of admission of liability |
36 | and for arbitration pursuant to s. 766.106, settlement offer, or |
37 | offer of judgment, if such offer is outside the policy limits. |
38 | However, any offer for admission of liability and for |
39 | arbitration made under s. 766.106, settlement offer, or offer of |
40 | judgment made by an insurer or self-insurer shall be made in |
41 | good faith and in the best interest of the insured. |
42 | 2.b. If the policy contains a clause stating the insured |
43 | does not have the exclusive right to veto any offer or admission |
44 | of liability and for arbitration made pursuant to s. 766.106, |
45 | settlement offer or offer of judgment, the insurer or self- |
46 | insurer shall provide to the insured or the insured's legal |
47 | representative by certified mail, return receipt requested, a |
48 | copy of the final offer of admission of liability and for |
49 | arbitration made pursuant to s. 766.106, settlement offer or |
50 | offer of judgment and at the same time such offer is provided to |
51 | the claimant. A copy of any final agreement reached between the |
52 | insurer and claimant shall also be provided to the insurer or |
53 | his or her legal representative by certified mail, return |
54 | receipt requested not more than 10 days after affecting such |
55 | agreement. |
56 | ================ T I T L E A M E N D M E N T ============= |
57 | Remove lines 13-32 and insert: |
58 | surgical centers; amending s. 627.4147, F.S.; deleting the |
59 | requirement that medical malpractice policies authorize the |
60 | insurer to admit liability or settle without the consent of the |
61 | insured; expanding application of a policy requirement relating |
62 | to a clause stating whether an insured has the exclusive right |
63 | to veto any offer of admission of liability, arbitration, or |
64 | settlement; amending s. 766.202, F.S.; revising the |