eLaws of Florida

  SECTION 627.9122. Officers’ and directors’ liability claims; reports by insurers.  


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  • 1(1) 2Each insurer providing coverage for officers’ and directors’ liability coverage shall report to the office any claim or action for damages claimed to have been caused by error, omission, or negligence in the performance of the officer’s or director’s services, if the claim resulted in:
    47(a) 48A final judgment in any amount.
    54(b) 55A settlement in any amount.
    60(c) 61A final disposition not resulting in payment on behalf of the insured.

    73Reports shall be filed with the office no later than 60 days following the occurrence of any event listed in paragraph (a), paragraph (b), or paragraph (c).

    100(2) 101The reports required by subsection (1) shall contain:
    109(a) 110The name, address, and position held by the insured, and the type of corporation or organization, including classifications as provided in s. 501(c) of the Internal Revenue Code of 1986, as amended.
    142(b) 143The insured’s policy number.
    147(c) 148The date of the occurrence which created the claim.
    157(d) 158The date the claim was reported to the insurer.
    167(e) 168The name of the injured person. This information is confidential and exempt from the provisions of s. 185119.07(1), 186and must not be disclosed by the office without the consent of the injured person. This information may be used by the office for purposes of identifying multiple or duplicate claims arising out of the same occurrence.
    223(f) 224The date of suit, if filed.
    230(g) 231The total number and names of all defendants involved in the claim.
    243(h) 244The date and amount of judgment or settlement, together with a copy of the settlement or judgment.
    261(i) 262In the case of a settlement, such information as the office may require with regard to the claimant’s anticipated future losses.
    283(j) 284The loss adjustment expense paid to defense counsel, and all other allocated loss adjustment expenses paid.
    300(k) 301The date and reason for final disposition, if no judgment or settlement.
    313(l) 314A summary of the occurrence which created the claim, which shall include:
    3261. 327Whether the injuries claimed were the result of physical damage to the claimant, were the result of damage to the reputation of the claimant, were based on self-dealing by the defendant, or were in the nature of a shareholder dispute.
    3672. 368A description of the type of activity which caused the injury.
    3793. 380The steps taken by the officers or directors to assure that similar occurrences are less likely in the future.
    399(m) 400Any other information required by the office to analyze and evaluate the nature, causes, costs, and damages involved in officers’ and directors’ liability cases.
    424(3) 425The office shall include a summary of this information in its annual report.
History.-s. 9, ch. 87-245; s. 9, ch. 93-289; s. 383, ch. 96-406; s. 1227, ch. 2003-261.

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