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FL H1187

Bill

Status

Introduced

3/3/2011

Primary Sponsor

Charles Van Zant

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Origin

House of Representatives

2011 Regular Session

AI Summary

HB 1187 Summary

  • Defines "third-party claim" and establishes that only insureds or assignees can sue insurers for failure to accept settlement offers within policy limits.

  • Requires third-party claimants to provide written settlement demands meeting specific requirements (signed, stated amount within limits, detailed explanation of coverage/liability/damages, list of witnesses and documents).

  • Limits insurer liability when competing third-party claims exceed policy limits if insurer files interpleader action within 90 days or submits claims to binding arbitration with prorated distribution.

  • Prohibits multipliers or enhancements in awards of attorney's fees and costs; caps damages against uninsured motorist carriers at no more than twice the policy limits.

  • Replaces common-law bad faith claims with statutory remedies; requires 60-day preaction notice to Department of Financial Regulation and insurer (except for third-party claims) before filing suit.

Legislative Description

Civil Remedies Against Insurers

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Civil Justice Subcommittee3/14/2011

Full Bill Text

No bill text available