Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 418
       
       
       
       
       
       
                                Barcode 494772                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2013           .                                
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       The Committee on Commerce and Tourism (Detert) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 627.421, Florida Statutes, is amended to
    6  read:
    7         627.421 Delivery of policy.—
    8         (1) Subject to the insurer’s requirement as to payment of
    9  premium, every policy shall be mailed or delivered to the
   10  insured or to the person entitled thereto within not later than
   11  60 days after the effectuation of coverage.
   12         (2) If In the event the original policy is delivered or is
   13  so required to be delivered to or for deposit with a any vendor,
   14  mortgagee, or pledgee of any motor vehicle, and in which policy
   15  any interest of the vendee, mortgagor, or pledgor in or with
   16  reference to such vehicle is insured, a duplicate of the such
   17  policy setting forth the name and address of the insurer,
   18  insurance classification of vehicle, type of coverage, limits of
   19  liability, premiums for the respective coverages, and duration
   20  of the policy, or memorandum thereof containing the same such
   21  information, shall be delivered by the vendor, mortgagee, or
   22  pledgee to each such vendee, mortgagor, or pledgor named in the
   23  policy or coming within the group of persons designated in the
   24  policy to be so included. If the policy does not provide
   25  coverage of legal liability for injury to persons or damage to
   26  the property of third parties, a statement of that such fact
   27  shall be printed, written, or stamped conspicuously on the face
   28  of the such duplicate policy or memorandum. This subsection does
   29  not apply to inland marine floater policies.
   30         (3) An Any automobile liability or physical damage policy
   31  must shall contain on the front page a summary of major
   32  coverages, conditions, exclusions, and limitations contained in
   33  that policy. Any Such summary must shall state that the issued
   34  policy should be referred to for the actual contractual
   35  governing provisions. The company may, in lieu of the summary,
   36  provide a readable policy.
   37         (4) Notwithstanding subsections (1) and (2), property and
   38  casualty insurance policies and endorsements that do not contain
   39  personally identifiable information may be posted on the
   40  insurer’s Internet website. If the insurer elects to post
   41  insurance policies and endorsements on its website in lieu of
   42  mailing or delivery to insureds, the insurer must comply with
   43  the following:
   44         (a) Each policy and endorsement must be easily accessible
   45  on the insurer’s website for as long as the policy and
   46  endorsement remain in force.
   47         (b) The insurer must archive and make all of its expired
   48  policies and endorsements available to an insured on its website
   49  for at least 5 years after expiration of the policy and
   50  endorsement.
   51         (c) Each policy and endorsement must be posted in a manner
   52  that enables the insured to print and save the policy and
   53  endorsement using a program or application that is widely
   54  available on the Internet without charge.
   55         (d) When the insurer issues an initial policy or upon
   56  renewal, the insurer must notify the insured, in the manner the
   57  insurer customarily uses to communicate with the insured, that
   58  the insured has the right to request and obtain without charge a
   59  paper or electronic copy of the insured’s policy and
   60  endorsements.
   61         (e) On each declarations page issued to the insured, the
   62  insurer must clearly identify the exact policy form and
   63  endorsement form purchased by the insured.
   64         (f) If the insurer changes a policy form or endorsement,
   65  the insurer must notify the insured, in the manner the insurer
   66  customarily uses to communicate with the insured, that the
   67  insured has the right to request and obtain without charge a
   68  paper or electronic copy of such form or endorsement.
   69         Section 2. This act shall take effect July 1, 2013.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete everything before the enacting clause
   74  and insert:
   75                        A bill to be entitled                      
   76         An act relating to the delivery of insurance policies;
   77         amending s. 627.421, F.S.; authorizing the posting of
   78         specified types of insurance policies and endorsements
   79         on an insurer’s Internet website in lieu of mailing or
   80         delivery to the insured if the insurer complies with
   81         certain conditions; providing an effective date.