HB 1287 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1287-00
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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
A bill to be entitled 1
An act relating to access by insureds to claim -related 2
documents; creating s. 627.41375, F.S.; defining the 3
term "claim-related documents"; requiring insurers to 4
notify the insureds and certain parties that the 5
insureds may obtain copies of all claim -related 6
documents upon request; requiring insurers to provide 7
to the insureds, the insureds' agents and attorneys , 8
copies of all claim-related documents within a 9
specified timeframe after receiving requests; 10
providing exceptions; providing construction; 11
authorizing civil actions and recovery of insureds' 12
attorney fees and costs; providing an effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Section 627.41375, Florida Statutes, is created 17
to read: 18
627.41375 Access by insureds to claim -related documents.— 19
(1) As used in this section, the term "claim -related 20
documents" means every writing that relates to the evaluation of 21
damages, including, but not limited to, repair and replacement 22
estimates and bids, appraisals, scopes of loss, drawings, plans, 23
reports, third-party findings on the amount of loss, covered 24
damages, cost of repairs, and all other valuation, measurement, 25
HB 1287 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1287-00
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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
and loss adjustment calculations of the amount of loss, covered 26
damage, and cost of repairs. 27
(2) Upon receipt of a claim, an insurer shall notify the 28
insured or the party submitting the claim on behalf of t he 29
insured that the insured may obtain, upon request, copies of all 30
claim-related documents. 31
(3) Within 15 calendar days after receiving a request from 32
an insured, the insured's agent, or the insured's attorney for 33
claim-related documents, the insurer sh all provide the insured 34
with copies of all claim -related documents; however, the insurer 35
may withhold: 36
(a) Attorney work product documents; 37
(b) Privileged attorney -client documents; 38
(c) Documents that indicate fraud by the insured; or 39
(d) Documents that contain medically privileged 40
information, 41
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provided that the insurer identify the documents being withheld. 43
(4) This section does not: 44
(a) Affect discovery rights in civil litigation or 45
arbitration; or 46
(b) Limit the rights of an insured to any writing which 47
the insured is otherwise entitled to receive under the terms of 48
the insurance policy or applicable law. 49
(5) This section may be enforced by civil action, and the 50
HB 1287 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1287-00
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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
insured that prevails in such actio n is entitled to recover the 51
insured's reasonable attorney fees and costs. 52
Section 2. This act shall take effect July 1, 2024. 53