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FL H1187
Bill
Status
3/3/2011
Primary Sponsor
Charles Van Zant
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AI Summary
HB 1187 Summary
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Defines "third-party claim" and establishes that only insureds or assignees can sue insurers for failure to accept settlement offers within policy limits.
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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).
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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.
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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.
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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Indefinitely postponed and withdrawn from consideration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