61(1)(a) 62An insurer shall not be held in bad faith for failure to pay its policy limits if it tenders its policy limits and meets other reasonable conditions of settlement by the earlier of either:961. 97The 210th day after service of the complaint in the medical negligence action upon the insured. The time period specified in this subparagraph shall be extended by an additional 60 days if the court in the bad faith action finds that, at any time during such period and after the 150th day after service of the complaint, the claimant provided new information previously unavailable to the insurer relating to the identity or testimony of any material witnesses or the identity of any additional claimants or defendants, if such disclosure materially alters the risk to the insured of an excess judgment; or
1982. 199The 60th day after the conclusion of all of the following:210a. 211Deposition of all claimants named in the complaint or amended complaint.
222b. 223Deposition of all defendants named in the complaint or amended complaint, including, in the case of a corporate defendant, deposition of a designated representative.
247c. 248Deposition of all of the claimants’ expert witnesses.
256d. 257The initial disclosure of witnesses and production of documents.
266e. 267Mediation as provided in s. 272766.108273. 274(b) 275Either party may request that the court enter an order finding that the other party has unnecessarily or inappropriately delayed any of the events specified in subparagraph (a)2. If the court finds that the claimant was responsible for such unnecessary or inappropriate delay, subparagraph (a)1. shall not apply to the insurer’s tendering of policy limits. If the court finds that the defendant or insurer was responsible for such unnecessary or inappropriate delay, subparagraph (a)2. shall not apply to the insurer’s tendering of policy limits.
359(c) 360If any party to an action alleging medical negligence amends its witness list after service of the complaint in such action, that party shall provide a copy of the amended witness list to the insurer of the defendant health care provider.
401(d) 402The fact that the insurer did not tender policy limits during the time periods specified in this paragraph is not presumptive evidence that the insurer acted in bad faith.
431(2) 432When subsection (1) does not apply, the trier of fact, in determining whether an insurer has acted in bad faith, shall consider:454(a) 455The insurer’s willingness to negotiate with the claimant in anticipation of settlement.
467(b) 468The propriety of the insurer’s methods of investigating and evaluating the claim.
480(c) 481Whether the insurer timely informed the insured of an offer to settle within the limits of coverage, the right to retain personal counsel, and the risk of litigation.
509(d) 510Whether the insured denied liability or requested that the case be defended after the insurer fully advised the insured as to the facts and risks.
535(e) 536Whether the claimant imposed any condition, other than the tender of the policy limits, on the settlement of the claim.
556(f) 557Whether the claimant provided relevant information to the insurer on a timely basis.
570(g) 571Whether and when other defendants in the case settled or were dismissed from the case.
586(h) 587Whether there were multiple claimants seeking, in the aggregate, compensation in excess of policy limits from the defendant or the defendant’s insurer.
609(i) 610Whether the insured misrepresented material facts to the insurer or made material omissions of fact to the insurer.
628(j) 629In addition to the foregoing, the court shall allow consideration of such additional factors as the court determines to be relevant.
