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FL S1464

FL S1464
Fair Settlement Act


summary

Introduced
02/27/2019
In Committee
03/08/2019
Crossed Over
Passed
Dead
05/03/2019

Introduced Session

2019 Regular Session

Bill Summary

Citing this act as the "Fair Settlement Act"; revising circumstances under which the Department of Financial Services and an authorized insurer must be given a certain presuit notice; requiring insureds, claimants, or any person acting on their behalf to provide insurers with written notices of loss as a condition precedent to bad faith actions; providing a limitation on an insurer's liability to third-party claimants, under certain circumstances, if it files an interpleader action within a certain timeframe, etc.

AI Summary

This bill, titled the "Fair Settlement Act," makes several changes to Florida's insurance laws. It revises the circumstances under which insurers must be given a pre-suit notice before a civil action can be brought against them. It requires insureds, claimants, or their representatives to provide insurers with a written notice of loss as a condition precedent to pursuing a bad faith claim. The bill also limits an insurer's liability to third-party claimants in certain circumstances if the insurer files an interpleader action within 90 days of receiving notice of competing claims exceeding the available policy limits. Additionally, the bill specifies that the trier of fact must consider whether the insured, claimant, or their representative made good faith efforts to cooperate with the insurer when evaluating whether the insurer committed a bad faith act. The bill takes effect on July 1, 2019.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Died in Banking and Insurance, companion bill(s) passed, see CS/CS/CS/HB 301 (Ch. 2019-108) (on 05/03/2019)

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