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Weekly Legislative Update from March 27, 2015

Insurance

HB 1197- Relating to Civil Remedies Against Insurers
On Wednesday, March 25th, HB 1197, relating to Civil Remedies Against Insurers, by Rep. Mike Hill (R-Pensacola), passed through the House Civil Justice Subcommittee with 9 yeas and 4 nays.

The bill also known as “bad faith”,  provides that before a third party may file an action alleging bad faith that the insurer must receive a notice of loss and must be afforded a 45 day period to cure. The next stop for this bill is the House Insurance & Banking Subcommittee. AIF stood in support of this bill. 

AIF supports legislation establishing a 45-day time frame during which an insurer may investigate, and if warranted, tender policy limits to settle a liability claim. Therefore, establishing fairness within the insurance settlement process.

HB 1199- Relating to Damages in Personal Injury Actions
On Wednesday, March 25th, HB 1199, relating to Damages in Personal Injury Actions, by Rep. Larry Metz (R-Groveland) passed through the House Criminal Justice Subcommittee with 8 yeas and 5 nays.

The bill provides that there be transparency in all medical expenses when they are considered evidence in a trial to determine damages.  HB 1199 will head to its next stop in the House Insurance & Banking Subcommittee.  AIF stood in support of this bill.

AIF supports full and fair disclosure of all relevant facts--including the amount of medical reimbursement-at trial. 

HB 669- Relating to Insurance Claims
On Tuesday, March 24th, HB 669, relating to Insurance Claims, by Rep. John Tobia (R-Melbourne Beach) unanimously passed through the House Civil Justice Subcommittee with a vote of 12 yeas and 0 nays.

This bill explains that the Assignments of Benefits (AOB’s) are the latest cost driver to break through the insurance market and is a scheme perpetrated by a cottage industry. Essentially, instead of just having a mechanism to get paid, contractors—with coaching from plaintiffs’ attorneys—are encouraged to take full legal standing away from policyholders. This is because the one-way attorney fee statute is transferable to these business assignees who then threaten or initiate litigation to put pressure on the insurer to pay them a higher reimbursement—or face attorney fee exposure. AIF stood in support of this bill.

AIF supports all efforts to stamp out cost drivers and control attorneys’ fees for the benefit of premium payers statewide.