Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. SB 2-A
       
       
       
       
       
       
                                Ì777772JÎ777772                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 12/F/2R         .                                
             12/13/2022 03:10 PM       .                                
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       Senator Pizzo moved the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 2637 and 2638
    4  insert:
    5         (4) INSURER DUTIES.—An insurer must have a procedure for
    6  the prompt investigation, review, and evaluation of the dispute
    7  stated in the notice and must investigate each claim contained
    8  in the notice in accordance with the Florida Insurance Code. An
    9  insurer must respond in writing within 10 business days after
   10  receiving the notice specified in subsection (3). The insurer
   11  must provide the response to the department, and to the claimant
   12  by e-mail if the insured has designated an e-mail address in the
   13  notice.
   14         (a) If an insurer is responding to a notice served on the
   15  insurer following a denial of coverage by the insurer, the
   16  insurer must respond by:
   17         1. Accepting coverage;
   18         2. Continuing to deny coverage; or
   19         3. Asserting the right to reinspect the damaged property.
   20  If the insurer responds by asserting the right to reinspect the
   21  damaged property, it has 14 business days after the response
   22  asserting that right to reinspect the property and accept or
   23  continue to deny coverage. The time limits provided in s. 95.11
   24  are tolled during the reinspection period if such time limits
   25  expire before the end of the reinspection period. If the insurer
   26  continues to deny coverage, the claimant may file suit without
   27  providing additional notice to the insurer.
   28         (b) If an insurer is responding to a notice provided to the
   29  insurer alleging an act or omission by the insurer other than a
   30  denial of coverage, the insurer must respond by making a
   31  settlement offer or requiring the claimant to participate in
   32  appraisal or another method of alternative dispute resolution.
   33  The time limits provided in s. 95.11 are tolled as long as
   34  appraisal or other alternative dispute resolution is ongoing if
   35  such time limits expire during the appraisal process or dispute
   36  resolution process. If the appraisal or alternative dispute
   37  resolution has not been concluded within 90 days after the
   38  expiration of the 10-day notice of intent to initiate litigation
   39  specified in subsection (3), the claimant or claimant’s attorney
   40  may immediately file suit without providing the insurer
   41  additional notice.
   42  
   43  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   44  And the directory clause is amended as follows:
   45         Delete line 2608
   46  and insert:
   47         Section 17. Subsections (1), (2), (4), (6), and (8) of
   48  section
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete line 121
   53  and insert:
   54         “amount obtained”; specifying that an insurer provide
   55         a specified notice to the Department of Financial
   56         Services under certain conditions; providing that
   57         certain