Senate Bill sb2454

    Florida Senate - 2004                                  SB 2454

    By Senator Margolis





    35-563A-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Florida Joint

  3         Underwriting Association; amending s. 627.311,

  4         F.S.; specifying that no cause of action may

  5         arise against the association for certain

  6         actions taken in performance of certain duties

  7         or responsibilities; specifying application of

  8         such immunity to actions brought against the

  9         association alleging bad faith; providing an

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Paragraph (k) of subsection (3) of section

15  627.311, Florida Statutes, is amended to read:

16         627.311  Joint underwriters and joint reinsurers;

17  public records and public meetings exemptions.--

18         (3)  The office may, after consultation with insurers

19  licensed to write automobile insurance in this state, approve

20  a joint underwriting plan for purposes of equitable

21  apportionment or sharing among insurers of automobile

22  liability insurance and other motor vehicle insurance, as an

23  alternate to the plan required in s. 627.351(1). All insurers

24  authorized to write automobile insurance in this state shall

25  subscribe to the plan and participate therein. The plan shall

26  be subject to continuous review by the office which may at any

27  time disapprove the entire plan or any part thereof if it

28  determines that conditions have changed since prior approval

29  and that in view of the purposes of the plan changes are

30  warranted. Any disapproval by the office shall be subject to

31  the provisions of chapter 120. The Florida Automobile Joint

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






    Florida Senate - 2004                                  SB 2454
    35-563A-04                                              See HB




 1  Underwriting Association is created under the plan. The plan

 2  and the association:

 3         (k)  Shall have no liability, and no cause of action of

 4  any nature shall arise against the association, any member

 5  insurer or its agents or employees, agents or employees of the

 6  association, members of the board of governors of the

 7  association, the Chief Financial Officer, or the office or its

 8  representatives for any action taken by them in the

 9  performance of their duties or responsibilities under this

10  subsection. Such immunity applies to any action brought

11  against the association alleging bad faith but does not apply

12  to any other actions for or arising out of breach of any

13  contract or agreement pertaining to insurance, or any willful

14  tort.

15         Section 2.  This act shall take effect upon becoming a

16  law.

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