Florida Senate - 2009 SB 2646 By Senator Deutch 30-01560A-09 20092646__ 1 A bill to be entitled 2 An act relating to personal injury claims; creating s. 3 626.9745, F.S.; prohibiting resolution or settlement 4 of certain personal injury claims for certain benefits 5 within a certain time after the date of an injury; 6 providing an exception when an insurer tenders policy 7 limits to the injured party; permitting insurance 8 carriers to advance or pay a portion of coverage under 9 certain circumstances; providing for a credit against 10 final settlement or jury verdict amounts for payments 11 made; providing for unenforceability of certain 12 settlements or releases; specifying a violation as a 13 false and fraudulent insurance claim to which criminal 14 penalties apply; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 626.9745, Florida Statutes, is created 19 to read: 20 626.9745 Full resolution or final settlement of personal 21 injury claims.—A claim for personal injuries under provisions 22 providing bodily injury liability coverage, uninsured motor 23 vehicle coverage, personal injury protection coverage, medical 24 payments coverage, general liability coverage, or any similar 25 coverage that provides benefits to compensate personal injuries 26 may not be fully resolved or finally settled for at least 30 27 days after the date the injury occurred unless the carrier 28 providing the insurance coverage tenders the policy limits of 29 all available insurance to the injured party or the injured 30 party has consulted with or retained an attorney licensed in 31 this state who has no relationship to or involvement with the 32 insurance carrier. Nothing in this section prevents or prohibits 33 an insurance carrier from advancing or paying a portion of such 34 coverage to the injured party, provided that no release is 35 executed upon such payment. If an insurance carrier advances or 36 pays a portion of such coverage to the injured party, the 37 insurance carrier is entitled to receive a credit against the 38 total amount of any settlement or jury verdict for all sums paid 39 to the injured party. Settlements or releases entered into in 40 violation of this section are unenforceable. Violation of this 41 section constitutes a violation of s. 817.234(8)(c). 42 Section 2. This act shall take effect upon becoming a law.