Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1488
                        Barcode 393700
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  13/AD/2R       .                    
       05/05/2005 08:19 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Garcia moved the following substitute for amendment
12  (561202):
13  
14         Senate Amendment (with title amendment) 
15         On page 57, lines 12-29, delete those lines
16  
17  and insert:  
18         (1)(a)  In the event of the total loss of any building,
19  structure, mobile home as defined in s. 320.01(2), or
20  manufactured building as defined in s. 553.36(12), located in
21  this state and insured by any insurer as to a covered peril,
22  in the absence of any change increasing the risk without the
23  insurer's consent and in the absence of fraudulent or criminal
24  fault on the part of the insured or one acting in her or his
25  behalf, the insurer's liability, if any, under the policy for
26  such total loss, if caused by a covered peril, shall be in the
27  amount of money for which such property was so insured as
28  specified in the policy and for which a premium has been
29  charged and paid.
30         (b)  The intent of this subsection is not to deprive an
31  insurer of any proper defense under the policy, to create new
                                  1
    6:59 PM   05/05/05                             s1488c2c-40-23e

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1488 Barcode 393700 1 or additional coverage under the policy, or to require an 2 insurer to pay for a loss caused by a peril other than the 3 covered peril. In furtherance of such legislative intent, when 4 a loss was caused in part by a covered peril and in part by a 5 noncovered peril, paragraph (a) does not apply. In such 6 circumstances, the insurer's liability under this section 7 shall be limited to the amount of the loss caused by the 8 covered peril. However, if the covered perils alone would have 9 caused the total loss, paragraph (a) shall apply. The insurer 10 is never liable for more than the amount necessary to repair, 11 rebuild, or replace the structure following the total loss, 12 after considering all other benefits actually paid for the 13 total loss. 14 (c) It is the intent of the Legislature that the 15 amendment to this section shall not be applied retroactively 16 and shall apply only to claims filed after effective date of 17 such amendment. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 4, line 9, after the semicolon, 23 24 insert: 25 providing nonapplication of certain insurer 26 liability requirements under certain 27 circumstances; limiting an insurer's liability 28 to certain loss covered by a covered peril; 29 30 31 2 6:59 PM 05/05/05 s1488c2c-40-23e