| 1 | Representative Johnson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 3947 and 3948, insert: |
| 5 | Section 30. Subsection (1) of section 627.702, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 627.702 Valued policy law.-- |
| 8 | (1)(a) In the event of the total loss of any building, |
| 9 | structure, mobile home as defined in s. 320.01(2), or |
| 10 | manufactured building as defined in s. 553.36(12), located in |
| 11 | this state and insured by any insurer as to a covered peril, in |
| 12 | the absence of any change increasing the risk without the |
| 13 | insurer's consent and in the absence of fraudulent or criminal |
| 14 | fault on the part of the insured or one acting in her or his |
| 15 | behalf, the insurer's liability, if any, under the policy for |
| 16 | such total loss, if caused by a covered peril, shall be in the |
| 17 | amount of money for which such property was so insured as |
| 18 | specified in the policy and for which a premium has been charged |
| 19 | and paid. |
| 20 | (b) The intent of this subsection is not to deprive an |
| 21 | insurer of any proper defense under the policy, to create new or |
| 22 | additional coverage under the policy, or to require an insurer |
| 23 | to pay for a loss caused by a peril other than the covered |
| 24 | peril. In furtherance of such legislative intent, when a loss |
| 25 | was caused in part by a covered peril and in part by a |
| 26 | noncovered peril, paragraph (a) does not apply. In such |
| 27 | circumstances, the insurer's liability under this section shall |
| 28 | be limited to the amount of the loss caused by the covered |
| 29 | peril. However, if the covered perils alone would have caused |
| 30 | the total loss, paragraph (a) shall apply. The insurer is never |
| 31 | liable for more than the amount necessary to repair, rebuild, or |
| 32 | replace the structure following the total loss, after |
| 33 | considering all other benefits actually paid for the total loss. |
| 34 | (c) It is the intent of the Legislature that the amendment |
| 35 | to this section shall not be applied retroactively and shall |
| 36 | apply only to claims filed after the effective date of such |
| 37 | amendment. |
| 38 |
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| 39 | ======= T I T L E A M E N D M E N T ======= |
| 40 | Remove line 242 and insert: |
| 41 | specifying uses and purposes of appropriations; amending s. |
| 42 | 627.702, F.S.; revising a provision relating to insurer's |
| 43 | liability; revising legislative intent; revising application; |
| 44 | providing |