Florida Senate - 2014                                    SB 1508
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-01306-14                                           20141508__
    1                        A bill to be entitled                      
    2         An act relating to Citizens Property Insurance
    3         Corporation; amending s. 627.351, F.S.; providing
    4         exceptions from limitations on the liability of
    5         Citizens Property Insurance Corporation and its
    6         officers, employees, and agents; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (s) of subsection (6) of section
   12  627.351, Florida Statutes, is amended to read:
   13         627.351 Insurance risk apportionment plans.—
   14         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   15         (s)1. There shall be no liability on the part of, and no
   16  cause of action of any nature shall arise against, an any
   17  assessable insurer or its agents or employees, the corporation
   18  or its agents or employees, members of the board of governors or
   19  their respective designees at a board meeting, corporation
   20  committee members, or the office or its representatives, for an
   21  any action taken by them in the performance of their duties or
   22  responsibilities under this subsection.
   23         1. Such immunity does not apply to:
   24         a. Any of the foregoing persons or entities for a any
   25  willful tort;
   26         b. The corporation or its producing agents for breach of a
   27  any contract or agreement pertaining to insurance coverage;
   28         c. The corporation with respect to the issuance or payment
   29  of debt;
   30         d. Any assessable insurer with respect to an any action to
   31  enforce an assessable insurer’s obligations to the corporation
   32  under this subsection; or
   33         e. The corporation in a any pending or future action for
   34  breach of contract or for benefits under a policy issued by the
   35  corporation; in any such action, the corporation is shall be
   36  liable to the policyholders and beneficiaries for attorney
   37  attorney’s fees under s. 627.428.
   38         2. The corporation shall manage its claim employees,
   39  independent adjusters, and others who handle claims to ensure
   40  that they carry out the corporation’s duty to its policyholders
   41  to handle claims carefully, timely, diligently, and in good
   42  faith, balanced against the corporation’s duty to the state to
   43  manage its assets responsibly in order to minimize its
   44  assessment potential.
   45         3. The corporation and an officer, employee, or agent of
   46  the corporation may be named as a party defendant in an action
   47  for an injury or damage suffered as a result of an act, event,
   48  or omission of action in the scope of her or his employment or
   49  function if the corporation or its officer, employee, or agent
   50  acted in bad faith, with malicious purpose, or in a manner
   51  exhibiting wanton and willful disregard of human rights, safety,
   52  or property.
   53         Section 2. This act shall take effect July 1, 2014.