Florida 2024 Regular Session

Florida House Bill H1287 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1287 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to access by insureds to claim -related 2
16	16	documents; creating s. 627.41375, F.S.; defining the 3
17	17	term "claim-related documents"; requiring insurers to 4
18	18	notify the insureds and certain parties that the 5
19	19	insureds may obtain copies of all claim -related 6
20	20	documents upon request; requiring insurers to provide 7
21	21	to the insureds, the insureds' agents and attorneys , 8
22	22	copies of all claim-related documents within a 9
23	23	specified timeframe after receiving requests; 10
24	24	providing exceptions; providing construction; 11
25	25	authorizing civil actions and recovery of insureds' 12
26	26	attorney fees and costs; providing an effective date. 13
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28	28	Be It Enacted by the Legislature of the State of Florida: 15
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30	30	Section 1. Section 627.41375, Florida Statutes, is created 17
31	31	to read: 18
32	32	627.41375 Access by insureds to claim -related documents.— 19
33	33	(1) As used in this section, the term "claim -related 20
34	34	documents" means every writing that relates to the evaluation of 21
35	35	damages, including, but not limited to, repair and replacement 22
36	36	estimates and bids, appraisals, scopes of loss, drawings, plans, 23
37	37	reports, third-party findings on the amount of loss, covered 24
38	38	damages, cost of repairs, and all other valuation, measurement, 25
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40	40	HB 1287 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	and loss adjustment calculations of the amount of loss, covered 26
52	52	damage, and cost of repairs. 27
53	53	(2) Upon receipt of a claim, an insurer shall notify the 28
54	54	insured or the party submitting the claim on behalf of t he 29
55	55	insured that the insured may obtain, upon request, copies of all 30
56	56	claim-related documents. 31
57	57	(3) Within 15 calendar days after receiving a request from 32
58	58	an insured, the insured's agent, or the insured's attorney for 33
59	59	claim-related documents, the insurer sh all provide the insured 34
60	60	with copies of all claim -related documents; however, the insurer 35
61	61	may withhold: 36
62	62	(a) Attorney work product documents; 37
63	63	(b) Privileged attorney -client documents; 38
64	64	(c) Documents that indicate fraud by the insured; or 39
65	65	(d) Documents that contain medically privileged 40
66	66	information, 41
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68	68	provided that the insurer identify the documents being withheld. 43
69	69	(4) This section does not: 44
70	70	(a) Affect discovery rights in civil litigation or 45
71	71	arbitration; or 46
72	72	(b) Limit the rights of an insured to any writing which 47
73	73	the insured is otherwise entitled to receive under the terms of 48
74	74	the insurance policy or applicable law. 49
75	75	(5) This section may be enforced by civil action, and the 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	insured that prevails in such actio n is entitled to recover the 51
89	89	insured's reasonable attorney fees and costs. 52
90	90	Section 2. This act shall take effect July 1, 2024. 53