Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 122
       
       
       
       
       
       
                                Ì711030WÎ711030                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: OO            .                                
                  03/04/2019           .                                
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       The Committee on Banking and Insurance (Lee) recommended the
       following:
       
    1         Senate Substitute for Amendment (923034) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 627.7152, Florida Statutes, is created
    7  to read:
    8         627.7152 Assignment of residential homeowner’s property
    9  insurance post-loss benefits.-
   10         (1) Under an agreement to assign post-loss benefits, an
   11  assignee is bound by all post-loss obligations specified in the
   12  residential homeowner’s property insurance policy.
   13  Notwithstanding any policy provision or law to the contrary,
   14  however, the obligation to submit to an examination under oath
   15  shall be limited to one examination under oath by the insurer or
   16  the insurer’s representative relating to an assignment agreement
   17  and services provided by the assignee. The examination under
   18  oath:
   19         (a) Is limited to the person designated by the assignee as
   20  the person with the most knowledge of the assignment agreement
   21  and services provided pursuant to the assignment;
   22         (b) Must occur in the county where the property for which
   23  the loss was assigned and the work performed or in the county
   24  where the assignee has offices or agents or in the county where
   25  the person designated by the assignee as the person with the
   26  most knowledge resides; and
   27         (c) Must not last more than 3 hours.
   28         (2)(a) If an assignee commences an action in any court of
   29  this state based upon or including the same claim against the
   30  same adverse party that the assignee has previously voluntarily
   31  dismissed in a court of this state, the court may as it deems
   32  proper, order the assignee to pay the costs of the adverse party
   33  of the claim previously voluntarily dismissed. Upon the issuance
   34  of such order, the court shall stay the proceedings in the
   35  subsequent action until the assignee has complied with the
   36  order.
   37         (b) Upon a finding by the court that an assignee has not
   38  complied with its post-loss obligations under the residential
   39  homeowner's insurance policy pursuant to this section, the court
   40  may not award attorney fees to the assignee under s. 627.428
   41  directly related to the assignee's noncompliance with post-loss
   42  obligations.
   43  
   44  Notwithstanding the execution of an assignment, a homeowner
   45  remains bound by any duty under the policy to take reasonable
   46  steps to prevent further damage to the property.
   47  	Section 2. This act shall apply to assignment agreements
   48  executed on or after July 1, 2019.
   49  	Section 3. This act shall take effect July 1, 2019.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to assignment of residential
   57         homeowner’s property insurance post-loss benefits;
   58         creating s. 627.7152, F.S.; providing that an assignee
   59         is bound by all post-loss obligations specified in a
   60         residential homeowner's insurance policy; providing
   61         that the obligation of the assignee to submit to an
   62         examination under oath is limited to one examination
   63         of a person designated by the assignee; providing
   64         criteria for the assignee to designate the person who
   65         will be examined under oath; providing requirements as
   66         to the location and length of time of the examination
   67         under oath; providing that if an assignee brings an
   68         action based upon or including the same claim as a
   69         previous action the assignee voluntarily dismissed,
   70         the court may order an assignee to pay the costs of
   71         the adverse party and shall stay the action until the
   72         assignee has complied with the order; providing that
   73         the court may not award the assignee an attorney fee
   74         under s. 627.428, F.S., directly related to the
   75         assignee's noncompliance with post loss obligations;
   76         specifying that notwithstanding any assignment the
   77         homeowner remains bound by any duty under the policy
   78         to prevent further damage to the property; providing
   79         applicability; providing an effective date.