[Liability Insurance] RPPTL ISC re HB 310/SB 714

Mon Mar 18 06:38:08 PDT 2019

Just as a FYI, PCB CJS 19-01 ( below) is now HB 7065.

Trey Goldman

Legislative Counsel | FloridaRealtors®
200 South Monroe Street, Tallahassee, FL 32301
talk: 850.224.1400 x2505
direct: 850.521.3277
visit: http://www.floridarealtors.org<http://www.floridarealtors.org/>
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The Voice for Real Estate® in Florida

From: liability_insurance-bounces at lists.flabarrpptl.org <liability_insurance-bounces at lists.flabarrpptl.org> On Behalf Of Robert Friedman
Sent: Monday, March 18, 2019 9:08 AM
To: 'Debbie S. Crockett' <dscrockett at napleslaw.com>
Cc: liability_insurance at lists.flabarrpptl.org
Subject: Re: [Liability Insurance] RPPTL ISC re HB 310/SB 714

Debbie, thanks for raising this legislation before the Committee.  I think it is important as legal practitioners in the construction and insurance fields for us to share our unique perspective “from the field” with legislators.  HB 751 seeking to eliminate insurer bad faith liability does not appear far along and I can’t imagine it getting serious attention in its current form.  Regarding continued efforts to address AOB abuse, I think it is important for the Committee to oppose any efforts that seek to encroach in any way on freedom of assignment of post-loss rights or impair the one-way fee provision.  These are both important tenets of insurance law designed to deter insurer abuses and provide policyholders with important protections.  They should not be modified in an attempt to deter abusive contractors.  The end result is anti-consumer, not pro-consumer.  I think it is important the legislature understands that.

Robert H. Friedman
Friedman P.A.
340 Royal Poinciana Way, Suite 317-202
Palm Beach, FL 33480
Phone: 561-800-2110
Fax: 561-246-3413
www.friedmanpa.com<http://www.friedmanpa.com/>
www.insurancelawflorida.com<http://www.insurancelawflorida.com/>

From: liability_insurance-bounces at lists.flabarrpptl.org<mailto:liability_insurance-bounces at lists.flabarrpptl.org> [mailto:liability_insurance-bounces at lists.flabarrpptl.org] On Behalf Of Debbie S. Crockett
Sent: Wednesday, March 13, 2019 10:48 AM
To: liability_insurance at lists.flabarrpptl.org<mailto:liability_insurance at lists.flabarrpptl.org>
Subject: Re: [Liability Insurance] RPPTL ISC re HB 310/SB 714

Thanks, Scott. Here is some info that may be of interest to ISC members. Just circulating as a FYI.

HB 301 & SB 714 General Insurance

Revises circumstances under which civil actions against insurers are prohibited; revises circumstances under which certain insurance premium discounts are authorized; requires certain notice requirements for life insurers; revises periods of time when property insurers must notify policyholders of certain mediation programs; Increases the Loss Adjustment Expense reimbursed to participating insurers within the Florida Hurricane Catastrophe Fund. Eff. Date: July 1, 2019

HB 301 Passed Insurance and Banking Subcommittee 2/13 Up on Civil Justice Committee 3/13

SB 714 Passed Banking and Insurance Committee on 3/11

HB 751 Duty of Good Faith

Removing violation of good faith from claims for civil remedies; providing administrative remedy for violation of duty of good faith; providing notice requirements; providing requirements for complaints; requiring DFS to determine sufficiency of complaints; providing procedures for administrative hearing of complaints; providing procedures for judicial review; providing for judicial enforcement.

HB 751 Up on Civil Justice Committee 3/13

PCB CJS 19-01 & SB 122

Attorney Fee Awards Under Insurance Policies and Contracts; Revising certain attorney fee provisions in the Florida Insurance Code to specify that an insured or beneficiary entitled, under certain circumstances, to attorney fees under an insurance policy or contract must be a named insured or named beneficiary; providing that such right to attorney fees may not be assigned or extended by agreement, except to certain persons, etc. Eff. Date: 7/1/2019

PCB CJS 19-01 Passed Insurance and Banking Subcommittee 3/7

SB 122 Passed Banking and Insurance Committee on 3/4

HB 387 & SB 538 Non-admitted Insurance Market Reform

Deleting a limitation on per-policy fees charged by surplus lines agents for exporting certified policies; requiring that such fees be itemized separately for the customer before purchase and enumerated in the policy; deleting a requirement for surplus lines agents to quarterly file a certain affidavit with the Florida Surplus Lines Service Office, etc. Eff. Date: 7/1/2019

HB 387 Added to Second Reading Calendar 3/5

SB 538 Passed Banking and Insurance Committee on 3/11

[cid:image001.jpg at 01D4DD6E.4A645F20]<http://napleslaw.com/>

Debbie S. Crockett

Attorney at Law

Cheffy Passidomo, P.A.

4100 W Kennedy Blvd, Suite 335

Tampa,

FL

33609

(813) 225-2684<tel:(813)%20225-2684>

dscrockett at napleslaw.com<mailto:dscrockett at napleslaw.com>

www.napleslaw.com<https://www.napleslaw.com/>

Main Office
821 5th Avenue South
Naples, FL 34102
(239) 261‑9300

This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.

-----Original Message-----
From: liability_insurance-bounces at lists.flabarrpptl.org<mailto:liability_insurance-bounces at lists.flabarrpptl.org> <liability_insurance-bounces at lists.flabarrpptl.org<mailto:liability_insurance-bounces at lists.flabarrpptl.org>> On Behalf Of Pence, Scott
Sent: Wednesday, March 13, 2019 9:35 AM
To: liability_insurance at lists.flabarrpptl.org<mailto:liability_insurance at lists.flabarrpptl.org>
Subject: [Liability Insurance] Fwd: RPPTL ISC re HB 310/SB 714

Folks,

Please see below thanks to Debbie Crockett. Please review and let me know if you believe the ISC should recommend that the RPPTL section take any sort of position.

As a general rule, we should only take a position (either in support or in opposition of the bill) unless we agree (majority) that it will either have a good or bad (as appropriate) effect. In other words, if some like the bill and others don't, and we cannot reach a consensus, then as a committee we would recommend remaining neutral and taking no position, which is often the case and is fine.

Thanks,

Scott

Sent from my iPhone

Begin forwarded message:

From: "Debbie S. Crockett" <dscrockett at napleslaw.com<mailto:dscrockett at napleslaw.com<mailto:dscrockett at napleslaw.com%3cmailto:dscrockett at napleslaw.com>>>

Date: March 11, 2019 at 6:32:42 PM EDT

To: "Pence, Scott" <spence at carltonfields.com<mailto:spence at carltonfields.com<mailto:spence at carltonfields.com%3cmailto:spence at carltonfields.com>>>

Subject: RPPTL ISC re HB 310/SB 714

Scott -

I am on a list serve with a handful of attorneys who handle first party claims, primarily, and there's an email circulating about HB 301/SB 714, which amends ??624.155, 626.914, 626.9541, 627.0655, 627.4555, 627.7015 - mostly relating to CRNs and bad faith. I know that ISC should be neutral - but changes to any of the insurance statutes should be brought to the attention of ISC, right? I am hoping you will share with this ISC membership. In fact, there is a request to be in Tallahassee on Wednesday to meet legislators, and there is already a group of policyholder counsel in Tallahassee right now. If any ISC members are interested in meeting up with them, I can put the ISC member in touch with those folks.

I have attached links:

Page about the bill: https://www.flsenate.gov/Session/Bill/2019/301/?Tab=BillHistory

Insurance and Banking Subcommittee & Civil Justice Subcommittee report: https://www.flsenate.gov/Session/Bill/2019/301/Analyses/h0301a.CJS.PDF

Thank you,

Debbie

[cid:image002.jpg at 01D4D838.CF2873D0]<http://napleslaw.com/>

Debbie S. Crockett?

Attorney at Law

Cheffy Passidomo, P.A.

4100 W Kennedy Blvd, Suite 335

Tampa,

FL

33609

(813) 225-2684<tel:(813)%20225-2684>

dscrockett at napleslaw.com<mailto:dscrockett at napleslaw.com<mailto:dscrockett at napleslaw.com%3cmailto:dscrockett at napleslaw.com>>

www.napleslaw.com<https://www.napleslaw.com/<http://www.napleslaw.com%3chttps:/www.napleslaw.com/>>

Main Office

821 5th Avenue South

Naples, FL 34102

(239) 261-9300

This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail or by telephoning us (collect) at 239-261-9300 and delete this message immediately from your computer. Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited. Please note that any views or opinions presented in this e-mail are those of the author and do not necessarily represent those of the law firm.

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