Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 408
       
       
       
       
       
       
                                Barcode 131262                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/22/2011           .                                
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       The Committee on Banking and Insurance (Fasano) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Between lines 3104 and 3105
    4  insert:
    5         5. The proposed neutral evaluator has, for the preceding 5
    6  years, directly or indirectly, performed 80 percent or more of
    7  his or her sinkhole loss investigatory work exclusively on
    8  behalf of policyholders or exclusively on behalf of insurers.
    9  Work performed as a neutral evaluator may not be considered in
   10  calculating the percentage of work performed.
   11  
   12  
   13         Delete lines 3218 - 3224
   14  and insert:
   15         (b) If the insurer invokes neutral evaluation before
   16  litigation begins, the actions of the insurer are not a
   17  confession of judgment or admission of liability if the insurer
   18  acknowledges coverage in writing and tenders all undisputed
   19  policy proceeds due within 30 days after the date neutral
   20  evaluation is completed. The insurer is not liable for
   21  attorney’s fees under s. 627.428 or other provisions of the
   22  insurance code unless the policyholder obtains a judgment that
   23  is more favorable than the recommendation of the neutral
   24  evaluator.
   25         (16) If the insurer and the policyholder agree to comply
   26  with the neutral