Senate Bill 1930

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



    Florida Senate - 1998                                  SB 1930

    By Senator Gutman





    34-1340-98

  1                      A bill to be entitled

  2         An act relating to property, casualty, and

  3         surety insurance; amending s. 627.062, F.S.;

  4         providing standards for determining whether

  5         rates are excessive, inadequate, or unfairly

  6         discriminatory; amending s. 627.171, F.S.;

  7         increasing the percentage of excess rates an

  8         insurer may use for commercial insurance

  9         policies; setting standards for the use of

10         excess rates; providing an effective date.

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

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14         Section 1.  Paragraph (e) of subsection (2) of section

15  627.062, Florida Statutes, is amended to read:

16         627.062  Rate standards.--

17         (2)  As to all such classes of insurance:

18         (e)  After consideration of the rate factors provided

19  in paragraphs (b), (c), and (d), a rate may be found by the

20  department to be excessive, inadequate, or unfairly

21  discriminatory based upon the following standards:

22         1.  Rates shall be deemed excessive if they are likely

23  to produce a profit from Florida business that is unreasonably

24  high in relation to the risk involved in the class of business

25  or if expenses are unreasonably high in relation to services

26  rendered.

27         2.  Rates shall be deemed excessive if, among other

28  things, the rate structure established by a stock insurance

29  company provides for replenishment of surpluses from premiums,

30  when the replenishment is attributable to investment losses.

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    Florida Senate - 1998                                  SB 1930
    34-1340-98




  1         3.  Rates shall be deemed inadequate if they are

  2  clearly insufficient, together with the investment income

  3  attributable to them, to sustain projected losses and expenses

  4  in the class of business to which they apply.

  5         4.  A rating plan, including discounts, credits, or

  6  surcharges, shall be deemed unfairly discriminatory if it

  7  fails to clearly and equitably reflect consideration of the

  8  policyholder's participation in a risk management program

  9  adopted pursuant to s. 627.0625.

10         5.  A rate shall be deemed inadequate as to the premium

11  charged to a risk or group of risks if discounts or credits

12  are allowed which exceed a reasonable reflection of expense

13  savings and reasonably expected loss experience from the risk

14  or group of risks.

15         6.  A rate shall be deemed unfairly discriminatory as

16  to a risk or group of risks if the application of premium

17  discounts, credits, or surcharges among such risks does not

18  bear a reasonable relationship to the expected loss and

19  expense experience among the various risks.

20         7.  Insurers may not be required to file reports on the

21  application of filed and approved discounts, credits or

22  surcharges for individual policies or for all policies in any

23  line of insurance in the aggregate. The department may not

24  adopt rules that limit the amount of discounts, credits, or

25  surcharges for individual policies or for all policies in any

26  line of insurance in the aggregate. This subparagraph does not

27  prohibit the department from requiring the filing of

28  appropriate data in a rate filing pursuant to paragraph (a) to

29  support the discounts, credits, or surcharges contained in a

30  schedule rating plan or individual risk rating plan.

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    Florida Senate - 1998                                  SB 1930
    34-1340-98




  1         Section 2.  Section 627.171, Florida Statutes, is

  2  amended to read:

  3         627.171  Excess rates.--

  4         (1)  With written consent of the insured signed prior

  5  to the policy inception date and filed with the insurer, the

  6  insurer may use a rate in excess of the otherwise applicable

  7  filed rate on any specific risk.  The signed consent form must

  8  include the filed rate as well as the excess rate for the risk

  9  insured and a copy of the form must be maintained by the

10  insurer for 3 years and be available for review by the

11  department.

12         (2)  An insurer may not use excess rates pursuant to

13  this section for more than 20 10 percent of its commercial

14  insurance policies written or renewed in each calendar year

15  for any line of commercial insurance or for more than 5

16  percent of its personal lines insurance policies written or

17  renewed in each calendar year for any line of personal

18  insurance.

19         (3)  An insurer may not use an excess rate pursuant to

20  this section unless the rate is based on underwriting

21  considerations and is not based on arbitrary or unfairly

22  discriminatory considerations.

23         Section 3.  This act shall take effect October 1, 1998.

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26                          SENATE SUMMARY

27    Revises provisions related to rates on property,
      casualty, and surety insurance. Creates excess rate
28    standards and increases the percentage of excess rates
      that an insurer may use for commercial insurance.
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