HB 1281

1
A bill to be entitled
2An act relating to personal injury claims; creating s.
3626.9745, F.S.; prohibiting resolution or settlement of
4certain personal injury claims for certain benefits within
5a certain time after the date of an injury; providing an
6exception when an insurer tenders policy limits to the
7injured party; permitting insurance carriers to advance or
8pay a portion of coverage under certain circumstances;
9providing for a credit against final settlement or jury
10verdict amounts for payments made; providing for
11unenforceability of certain settlements or releases;
12specifying a violation as a false and fraudulent insurance
13claim to which criminal penalties apply; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 626.9745, Florida Statutes, is created
19to read:
20     626.9745  Full resolution or final settlement of personal
21injury claims.--A claim for personal injuries under provisions
22providing bodily injury liability coverage, uninsured motor
23vehicle coverage, personal injury protection coverage, medical
24payments coverage, general liability coverage, or any similar
25coverage that provides benefits to compensate personal injuries
26may not be fully resolved or finally settled for at least 30
27days after the date the injury occurred unless the carrier
28providing the insurance coverage tenders the policy limits of
29all available insurance to the injured party or the injured
30party has consulted with or retained an attorney licensed in
31this state who has no relationship to or involvement with the
32insurance carrier. Nothing in this section prevents or prohibits
33an insurance carrier from advancing or paying a portion of such
34coverage to the injured party, provided that no release is
35executed upon such payment. If an insurance carrier advances or
36pays a portion of such coverage to the injured party, the
37insurance carrier is entitled to receive a credit against the
38total amount of any settlement or jury verdict for all sums paid
39to the injured party. Settlements or releases entered into in
40violation of this section are unenforceable. Violation of this
41section constitutes a violation of s. 817.234(8)(c).
42     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.