Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7077, 2nd Eng.
Barcode 790212
CHAMBER ACTION
Senate House
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3 Floor: WD/2R .
05/02/2007 12:59 PM .
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11 Senators Atwater and Deutch moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Between lines 2181 and 2182,
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16 insert:
17 Section 20. Paragraph (i) of subsection (1) of section
18 626.9541, Florida Statutes, is amended to read:
19 626.9541 Unfair methods of competition and unfair or
20 deceptive acts or practices defined.--
21 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR
22 DECEPTIVE ACTS.--The following are defined as unfair methods
23 of competition and unfair or deceptive acts or practices:
24 (i) Unfair claim settlement practices.--
25 1. Attempting to settle claims on the basis of an
26 application, when serving as a binder or intended to become a
27 part of the policy, or any other material document which was
28 altered without notice to, or knowledge or consent of, the
29 insured;
30 2. A material misrepresentation made to an insured or
31 any other person having an interest in the proceeds payable
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7077, 2nd Eng.
Barcode 790212
1 under such contract or policy, for the purpose and with the
2 intent of effecting settlement of such claims, loss, or damage
3 under such contract or policy on less favorable terms than
4 those provided in, and contemplated by, such contract or
5 policy; or
6 3. A violation of s. 627.70131(5), where the insurer's
7 handling of the claim is found to be dishonest or in reckless
8 disregard for the rights of any insured;
9 4. Failing to pay an undisputed amount of partial or
10 full benefits under a first-party property insurance policy
11 within 30 days after determining the amount of partial or full
12 benefits and agreeing to coverage; or
13 5.3. Committing or performing with such frequency as
14 to indicate a general business practice any of the following:
15 a. Failing to adopt and implement standards for the
16 proper investigation of claims;
17 b. Misrepresenting pertinent facts or insurance policy
18 provisions relating to coverages at issue;
19 c. Failing to acknowledge and act promptly upon
20 communications with respect to claims;
21 d. Denying claims without conducting reasonable
22 investigations based upon available information;
23 e. Failing to affirm or deny full or partial coverage
24 of claims, and, as to partial coverage, the dollar amount or
25 extent of coverage, or failing to provide a written statement
26 that the claim is being investigated, upon the written request
27 of the insured within 30 days after proof-of-loss statements
28 have been completed;
29 f. Failing to promptly provide a reasonable
30 explanation in writing to the insured of the basis in the
31 insurance policy, in relation to the facts or applicable law,
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7077, 2nd Eng.
Barcode 790212
1 for denial of a claim or for the offer of a compromise
2 settlement;
3 g. Failing to promptly notify the insured of any
4 additional information necessary for the processing of a
5 claim; or
6 h. Failing to clearly explain the nature of the
7 requested information and the reasons why such information is
8 necessary.
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10 (Redesignate subsequent sections.)
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13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 Line 68, after the first semicolon,
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17 insert:
18 amending s. 626.9541, F.S.; including
19 additional violations and actions in the
20 definition of unfair claim settlement
21 practices;
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