Committee/Subcommittee Amendment — PCS for HB 359 Amendment No. 2 (Insurance & Banking Subcommittee, 2020)

Summary

Committee/Subcommittee Amendment No. 2 to PCS for HB 359 (2020), offered by Representative Santiago in the Insurance & Banking Subcommittee. The amendment, with a title amendment, adds Subsection (10) to section 627.419, Florida Statutes, on construction of policies. It provides that a statement of the law in the American Law Institute’s Restatement of the Law, Liability Insurance does not constitute the law or public policy of this state if the statement is inconsistent or in conflict with, or otherwise not addressed by, the Constitution of the United States or of this state, a statute of this state, this state’s case law precedent, or other common law that may have been adopted by this state.

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Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCS for HB 359    (2020)
       Amendment No. 2




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:       Insurance & Banking
2      Subcommittee
3      Representative Santiago offered the following:
4
5           Amendment (with title amendment)
6           Between lines 228 and 229, insert:
7           Section 8.   Subsection (10) is added to section 627.419,
8      Florida Statutes, to read:
9           627.419    Construction of policies.—
10          (10) A statement of the law in the American Law Institute's
11     Restatement of the Law, Liability Insurance does not constitute
12     the law or public policy of this state if the statement of the
13     law is inconsistent or in conflict with, or otherwise not
14     addressed by:
15          (a) The Constitution of the United States or of this state;
16          (b) A statute of this state;
     PCS for HB 359 a2
     Published On: 1/14/2020 7:01:00 PM
                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                          Bill No. PCS for HB 359    (2020)
       Amendment No. 2


17          (c) This state’s case law precedent; or
18          (d) Other common law that may have been adopted by this
19     state.
20
21           -----------------------------------------------------
22                       T I T L E   A M E N D M E N T
23          Remove line 22 and insert:
24     circumstances; amending s. 627.419, F.S.; limiting construction
25     of liability insurance law in certain circumstances; amending s.
26     627.70132, F.S.; revising




     PCS for HB 359 a2
     Published On: 1/14/2020 7:01:00 PM
                                   Page 2 of 2


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