Senate Bill sb2338

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2338

    By Senator Alexander





    17-196A-05

  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance;

  3         amending s. 627.311, F.S.; providing standards

  4         for administration of the motor vehicle

  5         insurance risk apportionment program;

  6         prescribing duties of the program's board of

  7         governors and the Office of Insurance

  8         Regulation; providing circumstances in which

  9         new carriers will be added to the program and

10         in which the board of governors will be

11         replaced; providing composition of the board;

12         requiring actuarial certification of loss

13         reserves; providing for certain costs to be

14         included in rate filings; providing an

15         effective date.

16  

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

18  

19         Section 1.  Subsection (8) is added to section 627.311,

20  Florida Statutes, to read:

21         627.311  Joint underwriters and joint reinsurers;

22  public records and public meetings exemptions.--

23         (8)(a)  The motor vehicle insurance risk apportionment

24  program established by this section shall be administered in a

25  manner so as to produce a combined loss ratio that does not

26  exceed 100 percent, thereby avoiding assessments to the extent

27  reasonably achievable, which shall be a priority that

28  supersedes any other provision set forth in this section.

29         (b)  The motor vehicle insurance risk apportionment

30  program shall establish a special investigation and litigation

31  department that may be an adjunct to, or separate and distinct

                                  1

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






    Florida Senate - 2005                                  SB 2338
    17-196A-05




 1  from, the servicing carrier's claims administration and that

 2  will be funded to the extent considered necessary and

 3  appropriate to prevent the payment of fraudulent claims as

 4  determined solely by the program's board of governors subject

 5  only to the approval of the Office of Insurance Regulation.

 6         (c)  After any fiscal year in which the motor vehicle

 7  insurance risk apportionment program exceeds a combined loss

 8  ratio of 100 percent, the board of governors shall appoint one

 9  or more new servicing carriers, which shall be selected on a

10  first-priority basis from the insurance company applicants

11  that have the lowest combined loss ratios arising from their

12  voluntary business.

13         (d)  If the motor vehicle insurance risk apportionment

14  program exceeds a combined loss ratio of 100 percent in any 2

15  successive years, the Office of Insurance Regulation shall

16  replace a majority of the board of governors with appointees

17  that are among the insurers maintaining the lowest combined

18  loss ratios in their voluntary business who are willing to

19  serve as members of the board of governors.

20         (e)  The combined loss ratio provisions set forth in

21  paragraphs (c) and (d) are applicable if any actuarially

22  certified adverse loss development establishes a combined loss

23  ratio that exceeds 100 percent.

24         (f)  The motor vehicle insurance risk apportionment

25  program shall obtain an actuarial certification of its loss

26  reserves no less frequently than every 6 months and shall

27  issue policies that are effective for a period of 6 months

28  only.

29         (g)  If the motor vehicle insurance risk apportionment

30  program's actuarial certification of its loss reserves

31  establishes that the program is operating at a deficit or has

                                  2

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






    Florida Senate - 2005                                  SB 2338
    17-196A-05




 1  inadequate rates, a rate filing shall be submitted to the

 2  Office of Insurance Regulation for approval.

 3         (h)  The motor vehicle insurance risk apportionment

 4  program's board of governors shall be comprised of

 5  representatives that include, but are not limited to, the

 6  Office of Insurance Regulation, the Florida Property and

 7  Casualty Association, the Florida Insurance Council, the

 8  Florida Association of Insurance Agents, the Specialty Agents,

 9  the Latin American Association of Insurance Agents, and three

10  at-large appointees of the Chief Financial Officer.

11         (i)  If an assessment results from an operating deficit

12  of the motor vehicle insurance risk apportionment program,

13  insurance companies shall be authorized to recoup these

14  assessments by incorporating such assessments as a factor in

15  their rate filings.

16         Section 2.  This act shall take effect July 1, 2005.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Requires the motor vehicle insurance risk apportionment
      program to be operated in such a manner that its combined
21    loss ratio does not exceed 100 percent; if it does for 1
      year, additional carriers may be added, and if it does
22    for 2 years, the Office of Insurance Regulation may
      replace the program's board of governors. Provides
23    eligibility standards for membership on the board.
      Requires an actuarial certification of loss reserves at
24    least every 6 months and requires policies to be issued
      for 6-month periods. Authorizes a rate filing when the
25    program is operating at a deficit or has inadequate rates
      and when an assessment results from a deficit.
26  

27  

28  

29  

30  

31  

                                  3

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