HB 0983

1	A bill to be entitled
2	An act relating to medical malpractice insurance
3	contracts; amending s. 627.4147, F.S.; deleting a
4	provision requiring certain medical malpractice insurance
5	policies to include a provision authorizing insurers or
6	self insurers to take certain actions relating to
7	admissions of liability, settlement offers, or offers of
8	judgment without permission of an insured; deleting a
9	public policy statement; deleting a requirement that such
10	actions be made in good faith and in the best interests of
11	the insured; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Paragraph (b) of subsection (1) of section
16	627.4147, Florida Statutes, is amended to read:
17	627.4147  Medical malpractice insurance contracts.--
18	(1)  In addition to any other requirements imposed by law,
19	each self-insurance policy as authorized under s. 627.357 or s.
20	624.462 or insurance policy providing coverage for claims
21	arising out of the rendering of, or the failure to render,
22	medical care or services, including those of the Florida Medical
23	Malpractice Joint Underwriting Association, shall include:
24	(b)1.  Except as provided in subparagraph 2., a clause
25	authorizing the insurer or self-insurer to determine, to make,
26	and to conclude, without the permission of the insured, any
27	offer of admission of liability and for arbitration pursuant to
28	s. 766.106, settlement offer, or offer of judgment, if the offer
29	is within the policy limits. It is against public policy for any
30	insurance or self-insurance policy to contain a clause giving
31	the insured the exclusive right to veto any offer for admission
32	of liability and for arbitration made pursuant to s. 766.106,
33	settlement offer, or offer of judgment, when such offer is
34	within the policy limits. However, any offer of admission of
35	liability, settlement offer, or offer of judgment made by an
36	insurer or self-insurer shall be made in good faith and in the
37	best interests of the insured.
38	2.a.  With respect to dentists licensed under chapter 466,
39	A clause clearly stating whether or not the insured has the
40	exclusive right to veto any offer of admission of liability and
41	for arbitration pursuant to s. 766.106, settlement offer, or
42	offer of judgment if the offer is within policy limits. An
43	insurer or self-insurer shall not make or conclude, without the
44	permission of the insured, any offer of admission of liability
45	and for arbitration pursuant to s. 766.106, settlement offer, or
46	offer of judgment, if such offer is outside the policy limits.
47	However, any offer for admission of liability and for
48	arbitration made under s. 766.106, settlement offer, or offer of
49	judgment made by an insurer or self-insurer shall be made in
50	good faith and in the best interest of the insured.
51	2.b.  If the policy contains a clause stating the insured
52	does not have the exclusive right to veto any offer or admission
53	of liability and for arbitration made pursuant to s. 766.106,
54	settlement offer or offer of judgment, the insurer or self-
55	insurer shall provide to the insured or the insured's legal
56	representative by certified mail, return receipt requested, a
57	copy of the final offer of admission of liability and for
58	arbitration made pursuant to s. 766.106, settlement offer or
59	offer of judgment and at the same time such offer is provided to
60	the claimant. A copy of any final agreement reached between the
61	insurer and claimant shall also be provided to the insurer or
62	his or her legal representative by certified mail, return
63	receipt requested not more than 10 days after affecting such
64	agreement.
65	Section 2.  This act shall take effect July 1, 2005.

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