Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7077, 2nd Eng.
Barcode 092750
CHAMBER ACTION
Senate House
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05/02/2007 12:59 PM .
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11 Senator Atwater moved the following amendment:
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13 Senate Amendment (with directory amendment)
14 Between lines 1832 and 1833,
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16 insert:
17 (r)1. There shall be no liability on the part of, and
18 no cause of action of any nature shall arise against, any
19 assessable insurer or its agents or employees, the corporation
20 or its agents or employees, members of the board of governors
21 or their respective designees at a board meeting, corporation
22 committee members, or the office or its representatives, for
23 any action taken by them in the performance of their duties or
24 responsibilities under this subsection. Such immunity does not
25 apply to:
26 a.1. Any of the foregoing persons or entities for any
27 willful tort;
28 b.2. The corporation or its producing agents for
29 breach of any contract or agreement pertaining to insurance
30 coverage;
31 c.3. The corporation with respect to issuance or
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7077, 2nd Eng.
Barcode 092750
1 payment of debt; or
2 d.4. Any assessable insurer with respect to any action
3 to enforce an assessable insurer's obligations to the
4 corporation under this subsection; or.
5 e. The corporation in any pending or future action for
6 breach of contract or for benefits under a policy issued by
7 the corporation; in any such action, the corporation shall be
8 liable to the policyholders and beneficiaries for attorney's
9 fees under s. 627.428.
10 2. The corporation shall manage its claim employees,
11 independent adjusters, and others who handle claims to ensure
12 they carry out the corporation's duty to its policyholders to
13 handle claims carefully, timely, diligently, and in good
14 faith, balanced against the corporation's duty to the state to
15 manage its assets responsibly to minimize its assessment
16 potential.
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19 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
20 And the directory clause is amended as follows:
21 Lines 775 and 776, delete those lines
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23 and insert:
24 Section 10. Paragraphs (a), (b), (c), (d), (m), (n),
25 (r), and (v) of subsection (6) of section 627.351, Florida
26 Statutes, as
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