1 | Representative Johnson offered the following: |
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3 | Amendment to Amendment (074037) (with title amendment) |
4 | Between lines 3862-3863, insert: |
5 | Section 20. 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 4740 and insert: |
41 | emergency rules; amending s. 627.702, F.S.; revising a |
42 | provision relating to insurer's liability; revising |
43 | legislative intent; amending s. 627.706, F.S.; providing a |