Senate Bill sb1766c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1766

    By the Committee on Banking and Insurance; and Senator
    Alexander




    311-2309-03

  1                      A bill to be entitled

  2         An act relating to the Florida Workers'

  3         Compensation Insurance Guaranty Association,

  4         Incorporated; amending s. 631.913, F.S.;

  5         limiting the corporation's obligation for a

  6         covered claim for return of unearned premium;

  7         amending s. 631.914, F.S.; revising

  8         requirements for reporting premium for

  9         assessment calculations; amending s. 631.924,

10         F.S.; including insolvent insurers under

11         provisions for a stay of proceedings; providing

12         an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Subsection (1) of section 631.913, Florida

17  Statutes, is amended to read:

18         631.913  Powers and duties of the corporation.--

19         (1)  The corporation is obligated to the extent of the

20  full amount of the covered claims:

21         (a)  Existing before the adjudication of insolvency and

22  arising within 30 days after the determination of insolvency;

23         (b)  Existing before the policy expiration date if less

24  than 30 days after the determination of insolvency; or

25         (c)  Existing before the insured replaces the policy or

26  causes its cancellation, if the insured does so within 30 days

27  after the determination of insolvency.

28  

29  Notwithstanding such criteria, the corporation's obligation

30  for a covered claim for the return of unearned premium shall

31  not exceed $50,000 per policy. In addition, the corporation is

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1766
    311-2309-03




 1  not obligated to a policyholder or claimant in an amount in

 2  excess of the obligation of the insolvent insurer under the

 3  policy from which the claim arises.

 4         Section 2.  Paragraph (a) of subsection (1) of section

 5  631.914, Florida Statutes, is amended to read:

 6         631.914  Assessments.--

 7         (1)(a)  To the extent necessary to secure the funds for

 8  the payment of covered claims, and also to pay the reasonable

 9  costs to administer the same, the department, upon

10  certification by the board, shall levy assessments on each

11  insurer in the proportion that the insurer's net direct

12  written premiums in this state bears to the total of said net

13  direct written premiums received in this state by all such

14  workers' compensation insurers for the preceding calendar

15  year.  Assessments shall be remitted to and administered by

16  the board of directors in the manner specified by the approved

17  plan of operation.  The board shall give each insurer so

18  assessed at least 30 days' written notice of the date the

19  assessment is due and payable.  Each assessment shall be a

20  uniform percentage applicable to the net direct written

21  premiums of each insurer writing workers' compensation

22  insurance.

23         1.  Beginning July 1, 1997, assessments levied against

24  insurers, other than self-insurance funds, shall not exceed in

25  any calendar year more than 2 percent of that insurer's net

26  direct written premiums in this state for workers'

27  compensation insurance during the calendar year next preceding

28  the date of such assessments.

29         2.  Beginning July 1, 1997, assessments levied against

30  self-insurance funds shall not exceed in any calendar year

31  more than 1.50 percent of that self-insurance fund's net

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1766
    311-2309-03




 1  direct written premiums in this state for workers'

 2  compensation insurance during the calendar year next preceding

 3  the date of such assessments.

 4         3.  Beginning July 1, 2003, assessments levied against

 5  insurers and self-insurance funds pursuant to this paragraph

 6  are computed and levied on the basis of the full policy

 7  premium value on the net direct premiums written in the state

 8  for workers' compensation insurance during the calendar year

 9  next preceding the date of the assessment without taking into

10  account any applicable discount or credit for deductibles.

11  Insurers and self-insurance funds must report premiums in

12  compliance with this subparagraph.

13         Section 3.  Section 631.924, Florida Statutes, is

14  amended to read:

15         631.924  Stay of proceedings; reopening of default

16  judgments.--All proceedings in which the insolvent insurer or

17  self-insurance fund is a party or is obligated to defend a

18  party in any court or before any quasi-judicial body or

19  administrative board in this state must be stayed for 6

20  months, or such additional period from the date the insolvency

21  is adjudicated, by a court of competent jurisdiction to allow

22  proper defense by the association of all pending causes of

23  action as to any covered claims. The stay may be extended for

24  a period of time greater than 6 months upon proper application

25  to a court of competent jurisdiction. The association, either

26  on its own behalf or on behalf of the insured, may apply to

27  have any judgment, order, decision, verdict, or finding based

28  on the default of the insolvent insurer or self-insurance fund

29  or its failure to defend an insured set aside by the same

30  court or administrator that made the judgment, order,

31  decision, verdict, or finding and may defend against the claim

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1766
    311-2309-03




 1  on the merits. If the association so requests, the stay of

 2  proceedings may be shortened or waived.

 3         Section 4.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 1766

 8                                 

 9  The Committee Substitute does the following:

10  -    Expands the premium assessment base to fund the
         obligations of the Florida Workers' Compensation
11       Insurance Guaranty Association, to include the full
         policy premium value, without taking into account any
12       discount or credit for deductibles.

13  -    Deletes the provision in the bill that provided that the
         association would not cover claims of employers with a
14       net worth of $25 million or more.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.