| 1 | Representative(s) Seiler offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Between lines 728 and 729, insert: |
| 5 | (r)1. There shall be no liability on the part of, and no |
| 6 | cause of action of any nature shall arise against, any |
| 7 | assessable insurer or its agents or employees, the corporation |
| 8 | or its agents or employees, members of the board of governors or |
| 9 | their respective designees at a board meeting, corporation |
| 10 | committee members, or the office or its representatives, for any |
| 11 | action taken by them in the performance of their duties or |
| 12 | responsibilities under this subsection. Such immunity does not |
| 13 | apply to: |
| 14 | a.1. Any of the foregoing persons or entities for any |
| 15 | willful tort; |
| 16 | b.2. The corporation or its producing agents for breach of |
| 17 | any contract or agreement pertaining to insurance coverage; |
| 18 | c.3. The corporation with respect to issuance or payment |
| 19 | of debt; or |
| 20 | d.4. Any assessable insurer with respect to any action to |
| 21 | enforce an assessable insurer's obligations to the corporation |
| 22 | under this subsection; or. |
| 23 | e. The corporation in any pending or future action for |
| 24 | breach of contract or for benefits under a policy issued by the |
| 25 | corporation; in any such action, the corporation shall be liable |
| 26 | to the policyholders and beneficiaries for attorney's fees under |
| 27 | s. 627.428. |
| 28 | 2. The corporation shall manage its claim employees, |
| 29 | independent adjusters, and others who handle claims to ensure |
| 30 | they carry out the corporation's duty to its policyholders to |
| 31 | handle claims carefully, timely, diligently, and in good faith, |
| 32 | balanced against the corporation's duty to the state to manage |
| 33 | its assets responsibly to minimize its assessment potential. |
| 34 |
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| 35 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 36 | Remove line 62 and insert: |
| 37 | Section 2. Paragraphs (a), (c), (m), and (r) of subsection |
| 38 | (6) |
| 39 |
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| 40 | ======= T I T L E A M E N D M E N T ======= |
| 41 | Remove line(s) 22 and insert: |
| 42 | filings by the corporation; providing for liability by the |
| 43 | corporation for certain attorney fees in certain actions; |
| 44 | requiring the corporation to manage certain personnel for |
| 45 | certain purposes; prohibiting issuance of new |