Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2498
Barcode 691698
CHAMBER ACTION
Senate House
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05/01/2007 03:04 PM .
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11 Senator Atwater moved the following substitute for amendment
12 (594090):
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14 Senate Amendment (with directory amendment)
15 On page 22, between lines 18 and 19,
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17 insert:
18 (r)1. There shall be no liability on the part of, and
19 no cause of action of any nature shall arise against, any
20 assessable insurer or its agents or employees, the corporation
21 or its agents or employees, members of the board of governors
22 or their respective designees at a board meeting, corporation
23 committee members, or the office or its representatives, for
24 any action taken by them in the performance of their duties or
25 responsibilities under this subsection. Such immunity does not
26 apply to:
27 a.1. Any of the foregoing persons or entities for any
28 willful tort;
29 b.2. The corporation or its producing agents for
30 breach of any contract or agreement pertaining to insurance
31 coverage;
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2:39 PM 05/01/07 s2498c1b-25-18h
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 2498
Barcode 691698
1 c.3. The corporation with respect to issuance or
2 payment of debt; or
3 d.4. Any assessable insurer with respect to any action
4 to enforce an assessable insurer's obligations to the
5 corporation under this subsection; or.
6 e. The corporation in any pending or future action for
7 breach of contract or for benefits under a policy issued by
8 the corporation; in any such action, the corporation shall be
9 liable to the policyholders and beneficiaries for attorney's
10 fees under s. 627.428; or
11 2. The corporation shall manage its claim employees,
12 independent adjusters, and others who handle claims to ensure
13 they carry out the corporation's duty to its policyholders to
14 handle claims carefully, timely, diligently, and in good
15 faith, balanced against the corporation's duty to the state to
16 manage its assets responsibly to minimize its assessment
17 potential.
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20 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
21 And the directory clause is amended as follows:
22 On page 1, line 18, delete that line
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24 and insert:
25 Section 1. Paragraphs (a), (c), and (r) of subsection
26 (6) of
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