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Amendment CaShTmL-633828.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1486
                        Barcode 633828
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/RM          .                    
       05/06/2005 11:10 PM         .                    
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 4  ______________________________________________________________
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11  Senator Campbell moved the following amendment to House
12  amendment (865571):
13  
14         Senate Amendment (with title amendment) 
15         Between lines 1983 and 1984
16  
17  insert:  
18         Section 28.  Paragraph (i) of subsection (1) of section
19  626.9541, Florida Statutes, is amended to read:
20         626.9541  Unfair methods of competition and unfair or
21  deceptive acts or practices defined.--
22         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR
23  DECEPTIVE ACTS.--The following are defined as unfair methods
24  of competition and unfair or deceptive acts or practices:
25         (i)  Unfair claim settlement practices.--
26         1.  Attempting to settle claims on the basis of an
27  application, when serving as a binder or intended to become a
28  part of the policy, or any other material document which was
29  altered without notice to, or knowledge or consent of, the
30  insured;
31         2.  A material misrepresentation made to an insured or
                                  1
    10:03 PM   05/06/05                            s1486c1c-32-b01

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1486 Barcode 633828 1 any other person having an interest in the proceeds payable 2 under such contract or policy, for the purpose and with the 3 intent of effecting settlement of such claims, loss, or damage 4 under such contract or policy on less favorable terms than 5 those provided in, and contemplated by, such contract or 6 policy; or 7 3. Committing or performing with such frequency as to 8 indicate a general business practice any of the following: 9 a. Failing to adopt and implement standards for the 10 proper investigation of claims; 11 b. Misrepresenting pertinent facts or insurance policy 12 provisions relating to coverages at issue; 13 c. Failing to acknowledge and act promptly upon 14 communications with respect to claims; 15 d. Denying claims without conducting reasonable 16 investigations based upon available information; 17 e. Failing to affirm or deny full or partial coverage 18 of claims, and, as to partial coverage, the dollar amount or 19 extent of coverage, or failing to provide a written statement 20 that the claim is being investigated, upon the written request 21 of the insured within 30 days after proof-of-loss statements 22 have been completed; 23 f. Failing to promptly provide a reasonable 24 explanation in writing to the insured of the basis in the 25 insurance policy, in relation to the facts or applicable law, 26 for denial of a claim or for the offer of a compromise 27 settlement; 28 g. Failing to promptly notify the insured of any 29 additional information necessary for the processing of a 30 claim; or 31 h. Failing to clearly explain the nature of the 2 10:03 PM 05/06/05 s1486c1c-32-b01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1486 Barcode 633828 1 requested information and the reasons why such information is 2 necessary; or. 3 i. Failing to fairly and honestly participate in the 4 alternative procedures for resolution of disputed insurance 5 claims. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On line 2185, following the semicolon, 13 14 insert: 15 amending s. 626.9541, F.S.; providing that it 16 is an unfair method of competition and an 17 unfair or deceptive act or practice to fail to 18 fairly and honestly participate in alternative 19 procedures for resolving disputed insurance 20 claims; 21 22 23 24 25 26 27 28 29 30 31 3 10:03 PM 05/06/05 s1486c1c-32-b01
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