Florida Senate - 2013 CS for SB 418 By the Committee on Commerce and Tourism; and Senator Detert 577-04365-13 2013418c1 1 A bill to be entitled 2 An act relating to the delivery of insurance policies; 3 amending s. 627.421, F.S.; authorizing the posting of 4 specified types of insurance policies and endorsements 5 on an insurer’s Internet website in lieu of mailing or 6 delivery to the insured if the insurer complies with 7 certain conditions; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 627.421, Florida Statutes, is amended to 12 read: 13 627.421 Delivery of policy.— 14 (1) Subject to the insurer’s requirement as to payment of 15 premium, every policy shall be mailed or delivered to the 16 insured or to the person entitled thereto within
not later than17 60 days after the effectuation of coverage. 18 (2) If In the eventthe original policy is delivered or is 19 sorequired to be delivered to or for deposit with a anyvendor, 20 mortgagee, or pledgee of any motor vehicle, and in which policy 21 any interest of the vendee, mortgagor, or pledgor in or with 22 reference to such vehicle is insured, a duplicate of the such23 policy setting forth the name and address of the insurer, 24 insurance classification of vehicle, type of coverage, limits of 25 liability, premiums for the respective coverages, and duration 26 of the policy, or memorandum thereof containing the same such27 information, shall be delivered by the vendor, mortgagee, or 28 pledgee to each suchvendee, mortgagor, or pledgor named in the 29 policy or coming within the group of persons designated in the 30 policy to be so included. If the policy does not provide 31 coverage of legal liability for injury to persons or damage to 32 the property of third parties, a statement of that suchfact 33 shall be printed, written, or stamped conspicuously on the face 34 of the suchduplicate policy or memorandum. This subsection does 35 not apply to inland marine floater policies. 36 (3) An Anyautomobile liability or physical damage policy 37 must shallcontain on the front page a summary of major 38 coverages, conditions, exclusions, and limitations contained in 39 that policy. AnySuch summary must shallstate that the issued 40 policy should be referred to for the actual contractual 41 governing provisions. The company may, in lieu of the summary, 42 provide a readable policy. 43 (4) Notwithstanding subsections (1) and (2), property and 44 casualty insurance policies and endorsements that do not contain 45 personally identifiable information may be posted on the 46 insurer’s Internet website. If the insurer elects to post 47 insurance policies and endorsements on its website in lieu of 48 mailing or delivery to insureds, the insurer must comply with 49 the following: 50 (a) Each policy and endorsement must be easily accessible 51 on the insurer’s website for as long as the policy and 52 endorsement remain in force. 53 (b) The insurer must archive and make all of its expired 54 policies and endorsements available to an insured on its website 55 for at least 5 years after expiration of the policy and 56 endorsement. 57 (c) Each policy and endorsement must be posted in a manner 58 that enables the insured to print and save the policy and 59 endorsement using a program or application that is widely 60 available on the Internet without charge. 61 (d) When the insurer issues an initial policy or upon 62 renewal, the insurer must notify the insured, in the manner the 63 insurer customarily uses to communicate with the insured, that 64 the insured has the right to request and obtain without charge a 65 paper or electronic copy of the insured’s policy and 66 endorsements. 67 (e) On each declarations page issued to the insured, the 68 insurer must clearly identify the exact policy form and 69 endorsement form purchased by the insured. 70 (f) If the insurer changes a policy form or endorsement, 71 the insurer must notify the insured, in the manner the insurer 72 customarily uses to communicate with the insured, that the 73 insured has the right to request and obtain without charge a 74 paper or electronic copy of such form or endorsement. 75 Section 2. This act shall take effect July 1, 2013.