Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 122 Ì711030WÎ711030 LEGISLATIVE ACTION Senate . House Comm: OO . 02/12/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.