FLORIDA HOUSE BILL 1369
Florida House of Rep, Amber Mariano, introduced a new Bill to try and help patients wrongfully injured in nursing homes and assisted living facilities in Florida. The most notable amendments would be the following:
(1) Mandatory $2 million insurance coverage per claim and $4 million annual aggregate. This insurance policy would not be a “wasting” or depleting policy.
(2) Punitive Damages: If a punitive damages judgment was issued by a jury, the claimant (i.e. the injured party) would be able to receive 90% of the punitive portion. Presently, the claimant only gets 50% as the remaining portion goes to a Long Care Facility Improvement Trust Fund (which is already over-funded, see more in our post).
(3) Insurance Companies will be required to report nursing home personal injury claims to the Office of Insurance.
