Senate Bill 1774

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    Florida Senate - 1998                                  SB 1774

    By Senator Holzendorf





    2-1079-98

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.624, F.S.; revising loss-of-time benefit

  4         requirements; providing definitions of the

  5         terms "earned income" and "overinsurance

  6         provisions"; providing an effective date.

  7

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

  9

10         Section 1.  Section 627.624, Florida Statutes, is

11  amended to read:

12         (Substantial rewording of section. See

13         s. 627.624, F.S., for present text.)

14         627.624  Overinsurance; valid loss of time coverage.--

15         (1)  The contract may include the following

16  overinsurance provision:

17         "Overinsurance:  After the loss-of-time benefit of this

18  policy has been payable for 90 days, the benefit will be

19  adjusted, as provided below, if the total amount of unadjusted

20  loss-of-time benefits provided in all valid loss-of-time

21  coverage upon the insured exceeds ...(percent)... of the

22  insured's earned income.  If the information contained in the

23  application discloses that the total amount of loss-of-time

24  benefits under this policy and under all other valid

25  loss-of-time coverage expected to be effective upon the

26  insured in accordance with the application for this policy

27  exceeded ...(percent)... of the insured's earned income at the

28  time of such application, the higher percentage will be used

29  in place of ...(percent)....  The adjusted loss-of-time

30  benefit under this policy for any month is the proportion of

31  the loss-of-time benefit otherwise payable under this policy

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    Florida Senate - 1998                                  SB 1774
    2-1079-98




  1  as the product of the insured's earned income and

  2  ...(percent)... bears to the total amount of loss-of-time

  3  benefits payable for such month under this policy and all

  4  other valid loss-of-time coverage on the insured (without

  5  giving effect to the overinsurance provision in this or any

  6  other coverage) less any amount of loss-of-time benefits

  7  payable under other valid loss-of-time coverage that does not

  8  contain an overinsurance provision.  In making the

  9  computation, all benefits and earnings must be converted to a

10  consistent ...(weekly or monthly)... basis.  If the numerator

11  of the foregoing ratio is zero or is negative, no benefit is

12  payable under this policy.  This provision may not reduce the

13  total combined amount of loss-of-time benefits payable under

14  this policy and all other valid loss-of-time coverage below an

15  amount that is the lesser of $300 or the total combined amount

16  of loss-of-time benefits determined without giving effect to

17  any overinsurance provision.  This provision may not increase

18  the amount of benefits payable under this policy above the

19  amount that would have been paid in the absence of this

20  provision, or take into account or operate to reduce any

21  benefit other than the loss-of-time benefit."

22         (2)  For purposes of the overinsurance provision of

23  subsection (1), the term:

24         (a)  "Earned income," except where otherwise specified,

25  means the greater of monthly earnings of the insured at the

26  time disability commences or the insured's average monthly

27  earnings for a period of 2 years immediately preceding the

28  commencement of disability.  The term does not include any

29  investment income or any other income not derived from the

30  insured's vocational activities.

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    Florida Senate - 1998                                  SB 1774
    2-1079-98




  1         (b)  "Overinsurance provision" means the contract

  2  provision authorized in subsection (1) and any other provision

  3  with respect to any loss-of-time coverage which may have the

  4  effect of reducing an insurer's liability if the total amount

  5  of loss-of-time benefits under all coverage exceeds a stated

  6  relationship to the insured's earnings.

  7         (c)  "Department" means the Department of Insurance.

  8         (3)  The overinsurance provision authorized in

  9  subsection (1) may be inserted only in a policy that provides

10  a loss-of-time benefit that may be payable for at least 52

11  weeks, that is issued on the basis of selective underwriting

12  of each individual application, and for which the application

13  includes a question designed to elicit information necessary

14  either to determine the ratio of the total loss-of-time

15  benefits of the insured to the insured's earned income or to

16  determine that such ratio does not exceed the percentage of

17  earnings, not less than 60 percent, selected by the insurer

18  and inserted in lieu of the blank factor in the overinsurance

19  provision.  The insurer may require, as part of the proof of

20  claim, the information necessary to administer the provision.

21  If the application indicates that other loss-of-time coverage

22  is to be discontinued, the amount of such other coverage must

23  be excluded in computing the alternative percentage in the

24  overinsurance provision.  The policy must define the term

25  "valid loss-of-time coverage" as approved by the department,

26  which definition may include coverage provided by governmental

27  agencies and by organizations subject to regulation by

28  insurance law and by insurance authorities of this or any

29  other state or of any country; coverage provided for such

30  insured pursuant to any disability benefits, workmen's

31  compensation benefits, or employer's liability benefits

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    Florida Senate - 1998                                  SB 1774
    2-1079-98




  1  provided by labor-management trustee plans or union welfare

  2  plans; salary continuance or pension programs; or any other

  3  coverage the inclusion of which has been approved by the

  4  department.

  5         (4)  If by any application of the overinsurance

  6  provision an insurer affects a material reduction of benefits

  7  otherwise payable under the policy, the insurer must refund,

  8  for the period 2 years preceding the disability for which a

  9  claim is made, any premium unearned on the policy by reason of

10  such reduction of coverage, subject to the insurer's right to

11  provide in the policy that no such reduction of benefits or

12  refund will be made unless the unearned premium to be refunded

13  amounts to $5 or a larger sum specified by the insurer.

14         Section 2.  This act shall take effect October 1, 1998.

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17                          SENATE SUMMARY

18    Substantially revises s. 627.624, F.S., relating to
      loss-of-time benefits under loss-of-time insurance
19    coverage. Provides definitions.

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