1 | A bill to be entitled |
2 | An act relating to civil remedies against insurers; |
3 | amending s. 624.155, F.S.; requiring that before |
4 | bringing a common-law bad faith action against an |
5 | insurer, the party bringing the action must first |
6 | provide to the department and insurer prior written |
7 | notification of a specified number of days; requiring |
8 | that a notice relating to the bringing of a common-law |
9 | claim of bad faith must specify the common-law duty |
10 | violated by the insurer; requiring a notice to specify |
11 | the amount of moneys that an insurer has failed to |
12 | tender or pay if the specific statutory or common-law |
13 | based violation includes such failure; providing that |
14 | the circumstances giving rise to certain statutory or |
15 | common-law based violations are corrected by |
16 | specifically described monetary tenders by an insurer; |
17 | providing that either a third-party claimant or |
18 | insured is entitled to a general release under certain |
19 | circumstances; providing that the applicable statute |
20 | of limitations is tolled for a specified period of |
21 | time when certain notices alleging a common-law based |
22 | violation are mailed; revising provisions to conform |
23 | to changes made by the act relating to statutory or |
24 | common-law based actions being brought against |
25 | insurers; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Subsections (3) and (8) of section 624.155, |
30 | Florida Statutes, are amended to read: |
31 | 624.155 Civil remedy.- |
32 | (3)(a) As a condition precedent to bringing an action |
33 | either under this section or based on the common-law claim of |
34 | bad faith, the department and the authorized insurer must have |
35 | been given 60 days' written notice of the violation. If the |
36 | department returns a notice for lack of specificity, the 60-day |
37 | time period shall not begin until a proper notice is filed. |
38 | (a)(b) The notice shall be on a form provided by the |
39 | department and shall state with specificity the following |
40 | information, and such other information as the department may |
41 | require: |
42 | 1. The statutory provision or common-law duty, including |
43 | the specific language of the statute, if applicable, which the |
44 | authorized insurer allegedly violated. |
45 | 2. The facts and circumstances giving rise to the |
46 | violation and, if the violation includes failure to pay or |
47 | tender moneys, the amount of such moneys. |
48 | 3. The name of any individual involved in the violation. |
49 | 4. Reference to specific policy language that is relevant |
50 | to the violation, if any. If the person bringing the civil |
51 | action is a third-party third party claimant, she or he shall |
52 | not be required to reference the specific policy language if the |
53 | authorized insurer has not provided a copy of the policy to the |
54 | third-party third party claimant pursuant to written request. |
55 | 5. A statement that the notice is given in order to |
56 | perfect the right to pursue the civil remedy authorized by this |
57 | section or by the common law. |
58 | (b)(c) Within 20 days after of receipt of the notice, the |
59 | department may return any notice that does not provide the |
60 | specific information required by this section, and the |
61 | department shall indicate the specific deficiencies contained in |
62 | the notice. A determination by the department to return a notice |
63 | for lack of specificity shall be exempt from the requirements of |
64 | chapter 120. |
65 | (c)(d) No action shall lie if, within 60 days after filing |
66 | notice, the damages are paid or the circumstances giving rise to |
67 | the violation are corrected. If the alleged violation is based |
68 | on this section or on the common-law claim of bad faith, the |
69 | insurer's tender of either the amount demanded in the notice or |
70 | the applicable policy limits constitutes correction of the |
71 | circumstances giving rise to the violation. In third-party |
72 | liability claims: |
73 | 1. If the claimant files the notice, the insured is |
74 | entitled to a general release from the claimant upon the |
75 | insurer's tender of the amount demanded in the notice or the |
76 | applicable policy limits. |
77 | 2. If the insured files the notice and the claimant |
78 | accepts the insurer's tender, the insured is entitled to a |
79 | general release from the claimant. |
80 | (d)(e) The authorized insurer that is the recipient of a |
81 | notice filed pursuant to this section shall report to the |
82 | department on the disposition of the alleged violation. |
83 | (e)(f) The applicable statute of limitations for an action |
84 | under this section or based on the common-law claim of bad faith |
85 | shall be tolled for a period of 65 days by the mailing of the |
86 | notice required by this subsection or the mailing of a |
87 | subsequent notice required by this subsection. |
88 | (8) Except as provided in subsection (3), the civil remedy |
89 | specified in this section does not preempt any other remedy or |
90 | cause of action provided for pursuant to any other statute or |
91 | pursuant to the common law of this state. Any person may obtain |
92 | a judgment under either the common-law remedy of bad faith or |
93 | this statutory remedy, but shall not be entitled to a judgment |
94 | under both remedies. This section shall not be construed to |
95 | create a common-law cause of action. The damages recoverable |
96 | pursuant to this section shall include those damages which are a |
97 | reasonably foreseeable result of a specified violation of this |
98 | section by the authorized insurer and may include an award or |
99 | judgment in an amount that exceeds the policy limits. |
100 | Section 2. This act shall take effect July 1, 2012. |