summary
Introduced
03/12/2019
03/12/2019
In Committee
04/18/2019
04/18/2019
Crossed Over
04/18/2019
04/18/2019
Passed
04/24/2019
04/24/2019
Dead
Signed/Enacted/Adopted
05/23/2019
05/23/2019
Introduced Session
2019 Regular Session
Bill Summary
Providing requirements and limitations for property insurance assignment agreements; providing a burden of proof; providing that an assignment agreement does not affect managed repair arrangements under a property insurance policy; providing that an acceptance by an assignee of an assignment agreement is a waiver by the assignee and its subcontractors of certain claims against an insured; specifying an insured's payment obligations under an assignment agreement; requiring notice of intent to initiate litigation, etc.
AI Summary
This bill creates requirements and limitations for property insurance assignment agreements in Florida. The key provisions include:
1. Defining terms such as "assignee," "assignment agreement," and "disputed amount."
2. Specifying mandatory contents and prohibited provisions in assignment agreements.
3. Limiting the amount of post-loss benefits that can be assigned under an emergency or urgent circumstance.
4. Establishing the burden of proof for assignees and requirements they must meet, such as maintaining records and cooperating with the insurer.
5. Prohibiting assignees from seeking payment from the assignor exceeding the policy deductible, unless the assignor chooses additional work.
6. Requiring the assignee to provide written notice and detailed invoice before filing suit, and allowing the insurer to respond with a settlement offer or request for alternative dispute resolution.
7. Addressing attorney fees and costs based on the difference between the judgment obtained and the insurer's presuit settlement offer.
8. Exempting certain types of assignments from the bill's requirements.
9. Requiring insurers to report data on claims paid under assignment agreements.
The bill also creates a new section prohibiting insurers from restricting assignment of post-loss benefits unless they make available a fully assignable policy at the same time and at a higher cost.
Committee Categories
Business and Industry, Justice
Sponsors (11)
Bob Rommel (R)*,
Mike Caruso (R),
Byron Donalds (R),
Elizabeth Fetterhoff (R),
Michael Grant (R),
Thomas Leek (R),
Ana Maria Rodriguez (R),
Rick Roth (R),
Anthony Sabatini (R),
Christopher Sprowls (R),
Cyndi Stevenson (R),
Other Sponsors (3)
Civil Justice Subcommittee (House), Insurance and Banking Subcommittee (House), Judiciary Committee (House)
Last Action
Chapter No. 2019-57 (on 05/23/2019)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2019/7065 |
| Bill | https://www.flsenate.gov/Session/Bill/2019/7065/BillText/er/PDF |
| Bill | https://www.flsenate.gov/Session/Bill/2019/7065/BillText/e1/PDF |
| House Floor Amendment #738325 to Amendment (437797) | https://www.flsenate.gov/Session/Bill/2019/7065/Amendment/738325/PDF |
| House Floor Amendment #437797 | https://www.flsenate.gov/Session/Bill/2019/7065/Amendment/437797/PDF |
| Bill | https://www.flsenate.gov/Session/Bill/2019/7065/BillText/c2/PDF |
| Bill | https://www.flsenate.gov/Session/Bill/2019/7065/BillText/c1/PDF |
| House Committee Amendment #227223 | https://www.flsenate.gov/Session/Bill/2019/7065/Amendment/227223/PDF |
| House Committee Amendment #371491 | https://www.flsenate.gov/Session/Bill/2019/7065/Amendment/371491/PDF |
| House Committee Amendment #676533 | https://www.flsenate.gov/Session/Bill/2019/7065/Amendment/676533/PDF |
| Bill | https://www.flsenate.gov/Session/Bill/2019/7065/BillText/Filed/PDF |
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