House Bill 3665

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    Florida House of Representatives - 1998                HB 3665

        By the Committee on Financial Services and Representatives
    Safley, Flanagan, Bainter, Tamargo, Sanderson, Lawson and
    Wiles




  1                      A bill to be entitled

  2         An act relating to property insurance; amending

  3         s. 627.351, F.S.; prohibiting further

  4         geographical expansion of Florida Windstorm

  5         Underwriting Association eligibility; amending

  6         ss. 627.7013 and 627.7014, F.S.; providing

  7         findings relating to the moratorium on

  8         hurricane-related cancellations and nonrenewals

  9         of personal lines residential policies and

10         condominium association policies, respectively;

11         deleting provisions relating to accelerated

12         exposure reduction plans; providing

13         circumstances under which the sections are

14         inoperative; delaying the future repeal date of

15         the sections; creating s. 627.7019, F.S.;

16         requiring certain notice on insurance

17         applications and renewal premium notices;

18         providing an effective date.

19

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

21

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

23  627.351, Florida Statutes, is amended to read:

24         627.351  Insurance risk apportionment plans.--

25         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

26         (e)  Notwithstanding the provisions of subparagraph

27  (c)2. or paragraph (d), eligibility shall not be extended to

28  any area that was not eligible on March 1, 1997, except that

29  the department may act with respect to any petition on which a

30  hearing was held prior to May 9, 1997 the effective date of

31  this act. This paragraph is repealed on October 1, 1998.

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  1         Section 2.  Paragraph (c) is added to subsection (1) of

  2  section 627.7013, Florida Statutes, and subsection (2) of said

  3  section is amended, to read:

  4         627.7013  Orderly markets for personal lines

  5  residential property insurance.--

  6         (1)  FINDINGS AND PURPOSE.--

  7         (a)  The Legislature finds that personal lines

  8  residential property insurers, as a condition of doing

  9  business in this state, have a responsibility to contribute to

10  an orderly market for personal lines residential property

11  insurance and that there is a compelling state interest in

12  maintaining an orderly market for personal lines residential

13  property insurance. The Legislature further finds that

14  Hurricane Andrew, which caused over $15 billion of insured

15  losses in South Florida, has reinforced the need of consumers

16  to have reliable homeowner's insurance coverage; however, the

17  enormous monetary impact to insurers of Hurricane Andrew

18  claims has prompted insurers to propose substantial

19  cancellation or nonrenewal of their homeowner's insurance

20  policyholders. The Legislature further finds that the massive

21  cancellations and nonrenewals announced, proposed, or

22  contemplated by certain insurers constitute a significant

23  danger to the public health, safety, and welfare, and

24  destabilize the insurance market. In furtherance of the

25  overwhelming public necessity for an orderly market for

26  property insurance, the Legislature, in chapter 93-401, Laws

27  of Florida, imposed, for a limited time, a moratorium on

28  cancellation or nonrenewal of personal lines residential

29  property insurance policies. The Legislature further finds

30  that upon expiration of the moratorium, additional actions are

31  required to maintain an orderly market for personal lines

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  1  residential property insurance in this state. The purposes of

  2  this section are to provide for a phaseout of the moratorium

  3  and to require advance planning and approval for programs of

  4  exposure reduction.

  5         (b)  The Legislature finds, as of the beginning of the

  6  1996 Regular Session of the Legislature, that:

  7         1.  The conditions described in paragraph (a) remain

  8  applicable to the property insurance market in this state in

  9  1996 and are likely to remain applicable for several years

10  thereafter.

11         2.  The Residential Property and Casualty Joint

12  Underwriting Association, a residual market mechanism created

13  to alleviate temporary unavailability of property insurance

14  coverage, remains the primary or exclusive source of new

15  property insurance coverage in significant portions of the

16  state.

17         3.  Recent enactments intended to restore a

18  competitive, private sector property insurance market,

19  including creation and enhancement of the Florida Hurricane

20  Catastrophe Fund, incentives for depopulation of the

21  Residential Property and Casualty Joint Underwriting

22  Association, incentives for hurricane loss mitigation and

23  prevention, creation of the Florida Commission on Hurricane

24  Loss Projection Methodology, and revisions of laws relating to

25  rates and coverages, are beginning to have their intended

26  effects; however, the market instability that persists could

27  frustrate these efforts to restore the market.

28         4.  The moratorium completion provided in this section

29  is the least intrusive method for maintaining an orderly

30  market, insofar as it applies only to hurricane-related

31  cancellations and nonrenewals of personal lines residential

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  1  policies that were in force on the effective date, and insofar

  2  as it allows an insurer annually to nonrenew up to 5 percent

  3  of the total number of such policies as of the effective date.

  4         (c)  The Legislature finds, as of January 1, 1998,

  5  that:

  6         1.  The conditions described in paragraphs (a) and (b)

  7  remain applicable to the property insurance market in this

  8  state in 1998 and are likely to remain applicable for several

  9  years thereafter.

10         2.  The general instability of the market is reflected

11  by the following facts:

12         a.  In spite of depopulation efforts under which

13  approximately 600,000 policies have been transferred from the

14  Residential Property and Casualty Joint Underwriting

15  Association to the voluntary market, the joint underwriting

16  association, with approximately 500,000 policies in force,

17  remains the primary or exclusive source of new property

18  insurance coverage in significant portions of the state.

19         b.  The Florida Windstorm Underwriting Association is

20  growing rapidly, with more than 400,000 policies in force,

21  approximately half of which were initially issued in 1997.

22         3.  A further extension of the operation of this

23  section until June 1, 2001, will provide an opportunity for

24  the market to stabilize and for continuation of residual

25  market depopulation efforts.

26         (2)  MORATORIUM COMPLETION.--

27         (a)  As used in this subsection, the term "total number

28  of policies" means the number of an insurer's policies of a

29  specified type that were in force on June 1, 1996, or the date

30  on which this section became law, whichever was later.

31

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  1         (b)  The following restrictions apply only to

  2  cancellation or nonrenewal of personal lines residential

  3  property insurance policies that were in force on June 1,

  4  1996, or the date on which this section became law, whichever

  5  was later.

  6         1.  In any 12-month period, an insurer may not cancel

  7  or nonrenew more than 5 percent of such insurer's total number

  8  of homeowner's policies, 5 percent of such insurer's total

  9  number of mobile home owner's policies, or 5 percent of such

10  insurer's total number of personal lines residential policies

11  of all types and classes in the state for the purpose of

12  reducing the insurer's exposure to hurricane claims and may

13  not, with respect to any county, cancel or nonrenew more than

14  10 percent of its total number of homeowner's policies, 10

15  percent of its total number of mobile home owner's policies,

16  or 10 percent of its total number of personal lines

17  residential policies of all types and classes in the county

18  for the purpose of reducing the insurer's exposure to

19  hurricane claims. This subparagraph does not prohibit any

20  cancellations or nonrenewals of such policies for any other

21  lawful reason unrelated to the risk of loss from hurricane

22  exposure.

23         2.a.  If, for any 12-month period, an insurer proposes

24  to cancel or nonrenew personal lines residential policies to

25  an extent not authorized by subparagraph 1. for the purpose of

26  reducing exposure to hurricane claims, the insurer must file a

27  phaseout plan with the department at least 90 days prior to

28  the effective date of the plan. In the plan, the insurer must

29  demonstrate to the department that the insurer is protecting

30  market stability and the interests of its policyholders. The

31  plan may not be implemented unless it is approved by the

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  1  department. In developing the plan, the insurer must consider

  2  policyholder longevity, the use of voluntary incentives to

  3  accomplish the reduction, and geographic distribution. The

  4  insurer must demonstrate that under the plan the insurer will

  5  not cancel or nonrenew more policies in the 12-month period

  6  than the largest number of similar policies the insurer

  7  canceled or nonrenewed for any reason in any 12-month period

  8  between August 24, 1989, and August 24, 1992.

  9         b.  If the insurer considers the number of

10  cancellations and nonrenewals under sub-subparagraph a. to be

11  insufficient, the insurer may apply for approval of additional

12  cancellations or nonrenewals on the basis of an unreasonable

13  risk of insolvency. In evaluating a request under this

14  sub-subparagraph, the department shall consider and shall

15  require the insurer to provide information relevant to: the

16  insurer's size, market concentration, and general financial

17  condition; the portion of the insurer's business in this state

18  represented by personal lines residential property insurance;

19  the reasonableness of assumptions with respect to size,

20  frequency, severity, and path of hurricanes; the reinsurance

21  available to the insurer and potential recoveries from the

22  Florida Hurricane Catastrophe Fund; and the extent to which

23  the insurer's assets have been voluntarily transferred by

24  dividend or otherwise from the insurer to its stockholders,

25  parent companies, or affiliated companies since June 1, 1996,

26  or the date on which this section became law, whichever was

27  later. In the implementation of exposure reductions under this

28  sub-subparagraph, the department and the insurer shall

29  consider such factors as policyholder longevity, the use of

30  voluntary incentives to accomplish the exposure reduction, and

31  geographic distribution.

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  1         c.  A policy shall not be counted as having been

  2  canceled or nonrenewed for purposes of this subsection if any

  3  of the following apply:

  4         (I)  The policy was canceled or nonrenewed for an

  5  underwriting reason unrelated to the risk of loss from

  6  hurricane exposure, nonpayment of premium, or any other lawful

  7  reason that is unrelated to the risk of loss from hurricane

  8  exposure. The department shall consider the reason specified

  9  in the notice of cancellation or nonrenewal to be the reason

10  for the cancellation or nonrenewal unless the department finds

11  by a preponderance of the evidence that the stated reason was

12  not the insurer's actual reason for the cancellation or

13  nonrenewal.

14         (II)  The cancellation or nonrenewal was initiated by

15  the insured.

16         (III)  The insurer has offered the policyholder

17  replacement or alternative coverage at approved rates, which

18  coverage meets the requirements of the secondary mortgage

19  market.

20         d.  In addition to any other cancellations or

21  nonrenewals subject to the limitations in this subsection, a

22  policy shall be considered as having been canceled or

23  nonrenewed for purposes of this subsection if:

24         (I)  The insurer implements a rate increase under the

25  use-and-file provisions of s. 627.062(2)(a)2., which rate

26  increase exceeds 150 percent of the increase ultimately

27  approved by the department, and, while the rate filing was

28  pending, the policyholder voluntarily canceled or nonrenewed

29  the policy and obtained replacement coverage from another

30  insurer, including the Residential Property and Casualty Joint

31  Underwriting Association; or

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  1         (II)  The insurer reduces the commission to an agent by

  2  more than 25 percent and the agent thereafter places the risk

  3  with another insurer, including the Residential Property and

  4  Casualty Joint Underwriting Association, or the Florida

  5  Windstorm Underwriting Association, or the Coastal Zone

  6  Insurance Plan.

  7         e.  The department must approve or disapprove an

  8  application for a waiver within 90 days after the department

  9  receives the application for waiver.

10         3.  In addition to the cancellations or nonrenewals

11  authorized under this section, an insurer may cancel or

12  nonrenew policies to the extent authorized by an exemption

13  from or waiver of either the moratorium created by chapter

14  93-401, Laws of Florida, or the moratorium phaseout under

15  former s. 627.7013(2).

16         4.  Notwithstanding any provisions of this section to

17  the contrary, this section does not apply to any insurer that,

18  prior to August 24, 1992, filed notice of such insurer's

19  intent to discontinue writing insurance in this state under s.

20  624.430, and for which a finding has been made by the

21  department, the Division of Administrative Hearings of the

22  Department of Management Services, or a court that such notice

23  satisfied all requirements of s. 624.430. Nothing in this

24  section shall be construed to authorize an insurer to withdraw

25  from any line of property insurance business for the purpose

26  of reducing exposure to risk of hurricane loss if such

27  withdrawal commenced at any time that the moratorium under

28  chapter 93-401, Laws of Florida, or the moratorium phaseout

29  under this section is in effect.

30

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  1         5.  The following actions by an insurer do not

  2  constitute cancellations or nonrenewals for purposes of this

  3  subsection:

  4         a.  The transfer of a risk from one admitted insurer to

  5  another admitted insurer, unless the terms of the new or

  6  replacement policy place the policyholder in default of a

  7  mortgage obligation.

  8         b.  An increase in the hurricane deductible applicable

  9  to the policy, unless the new deductible places the

10  policyholder in default of a mortgage obligation or the

11  deductible exceeds the limits specified in s. 627.701.

12         c.  Any other lawful change in coverage that does not

13  place the policyholder in default of a mortgage obligation.

14         d.  A cancellation or nonrenewal that is part of the

15  same action as the removal of a policy including windstorm or

16  hurricane coverage from the Residential Property and Casualty

17  Joint Underwriting Association.

18         6.  In order to assure fair and effective enforcement

19  of this subsection, each insurer shall, no later than October

20  1, 1996, report to the department the policy number of each

21  policy subject to this subsection, arranged by county. The

22  report shall include the policy number for each personal lines

23  residential policy that was in force on June 1, 1996, or the

24  date this section became law, whichever was later. Beginning

25  October 1, 1996, each insurer shall also report, on a monthly

26  basis, all cancellations and nonrenewals of policies included

27  in such policy list and the reasons for the cancellations and

28  nonrenewals.

29         7.  An insurer that has an overconcentration of wind

30  risk in areas eligible for coverage under the Florida

31  Windstorm Underwriting Association may submit to the

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  1  department for approval an accelerated exposure reduction

  2  plan. The plan, if approved, shall allow the insurer to

  3  nonrenew additional policies for reasons of reducing hurricane

  4  loss, beyond the amounts authorized elsewhere in this

  5  paragraph, subject to the following conditions:

  6         a.  All additional nonrenewals under this subparagraph

  7  shall consist of nonrenewals of only the windstorm portion of

  8  a policy, and shall be allowed only if the Florida Windstorm

  9  Underwriting Association provides windstorm coverage to

10  replace the nonrenewed windstorm coverage.

11         b.  At the conclusion of the accelerated exposure

12  reduction plan, which shall be no later than 12 months after

13  the date of the first nonrenewal under such plan, the insurer

14  is prohibited from any further nonrenewals for purposes of

15  reducing hurricane loss until the expiration of this

16  subsection.

17         c.  The total number of nonrenewals statewide for

18  purposes of reduction of hurricane loss, under this

19  subparagraph taken together with the other provisions of this

20  paragraph, shall not exceed the total number of nonrenewals

21  that would have been allowed statewide under subparagraph 1.

22  between June 1, 1996, and the expiration of this subsection.

23         d.  Notwithstanding the provisions of s. 627.4133, the

24  insurer must give the policyholder 45 days' advance notice of

25  the nonrenewal of windstorm coverage under this subparagraph

26  and the availability of such coverage through the Florida

27  Windstorm Underwriting Association.

28         e.  The first nonrenewal under an accelerated exposure

29  reduction program under this subparagraph may not take effect

30  earlier than February 1, 1997.

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  1         f.  In reviewing the proposed accelerated exposure

  2  reduction plan, the department shall consider:

  3         (I)  The degree to which the exposure reduction plan is

  4  necessary to address the insurer's overconcentration.

  5         (II)  Prior levels of participation in writing

  6  voluntary wind coverage in areas eligible for coverage through

  7  the Florida Windstorm Underwriting Association.

  8         (III)  The availability of wind coverage in the

  9  voluntary market for the subject risks.

10         (IV)  The capacity of the Florida Windstorm

11  Underwriting Association to absorb the risks proposed to be

12  covered by the association.

13         (c)  The department may adopt rules to implement this

14  subsection.

15         (d)  This section shall cease to operate at such time

16  as the department determines that the insured value of all

17  residential properties insured by the Florida Windstorm

18  Underwriting Association and all properties insured by the

19  Residential Property and Casualty Joint Underwriting

20  Association under policies providing wind coverage, combined,

21  has remained below $25 billion for 3 consecutive months, based

22  on exposure data reported to the department by the

23  associations.

24         (e)(d)  This subsection is repealed on June 1, 2001

25  1999.

26         Section 3.  Section 627.7014, Florida Statutes, is

27  amended to read:

28         627.7014  Orderly markets for condominium association

29  residential property insurance.--

30         (1)  FINDINGS AND PURPOSE.--

31         (a)  The Legislature finds:

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  1         1.  That residential property insurers providing

  2  condominium association coverage, as a condition of doing

  3  business in this state, have a responsibility to contribute to

  4  an orderly market for condominium association residential

  5  property insurance and that there is a compelling state

  6  interest in maintaining an orderly market for condominium

  7  association residential property insurance.

  8         2.  That Hurricane Andrew, which caused over $15

  9  billion of insured losses in South Florida, has reinforced the

10  need of consumers to have reliable condominium association

11  insurance coverage; however, even more than 3 years after

12  Hurricane Andrew, the hurricane's enormous monetary impact is

13  causing insurers to propose substantial cancellation or

14  nonrenewal of their condominium association insurance

15  policyholders.

16         3.  That the massive cancellations and nonrenewals

17  announced, proposed, or contemplated by certain insurers

18  constitute a significant danger to the public health, safety,

19  and welfare and destabilize the insurance market.

20         4.  That the Residential Property and Casualty Joint

21  Underwriting Association, a residual market mechanism created

22  to alleviate temporary unavailability of property insurance

23  coverage, remains the primary or exclusive source of new

24  property insurance in significant portions of the state.

25         5.  That recent enactments intended to restore a

26  competitive, private sector property insurance market,

27  including creation and enhancement of the Florida Hurricane

28  Catastrophe Fund, incentives for depopulation of the

29  Residential Property and Casualty Joint Underwriting

30  Association, incentives for hurricane loss mitigation and

31  prevention, creation of the Florida Commission on Hurricane

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  1  Loss Projection Methodology, and revisions of laws relating to

  2  rates and coverages, are beginning to have their intended

  3  effects; however, the market remains unstable.

  4         6.  That the moratorium created by this section is the

  5  least intrusive method for maintaining an orderly market for

  6  condominium association insurance, insofar as it applies only

  7  to hurricane-related cancellations and nonrenewals of personal

  8  lines residential policies that were in force on the effective

  9  date of this section, and insofar as it allows an insurer

10  annually to nonrenew up to 5 percent of the total number of

11  such policies as of the effective date of this section.

12         (b)  The Legislature finds, as of January 1, 1998,

13  that:

14         1.  The conditions described in paragraph (a) remain

15  applicable to the commercial residential property insurance

16  market in this state in 1998 and are likely to remain

17  applicable for several years thereafter.

18         2.  The general instability of the market is reflected

19  by the recent rapid growth of the Florida Windstorm

20  Underwriting Association, which had more than 9,500 commercial

21  residential policies in force as of December 31, 1997,

22  representing a 58 percent increase over the number of

23  commercial residential policies in force on December 31, 1996.

24         3.  An extension of the operation of this section until

25  June 1, 2001, will provide an opportunity for the market to

26  stabilize and for continuation of residual market depopulation

27  efforts.

28         (c)(b)  The purposes of this section are to provide for

29  a temporary moratorium on hurricane-related cancellations and

30  nonrenewals of condominium association coverage and to require

31

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  1  advance planning and approval for programs of condominium

  2  association exposure reduction.

  3         (2)  MORATORIUM.--

  4         (a)  As used in this subsection, the term "total number

  5  of policies" means the number of an insurer's condominium

  6  association policies providing windstorm or hurricane coverage

  7  that were in force on the effective date of this section. The

  8  following restrictions apply to the cancellation or nonrenewal

  9  of condominium association residential property insurance

10  policies that were in force on the effective date of this

11  section:

12         1.  In any 12-month period, an insurer may not cancel

13  or nonrenew more than 5 percent of its total number of

14  condominium association policies in the state for the purpose

15  of reducing the insurer's exposure to hurricane claims and may

16  not, with respect to any county, cancel or nonrenew more than

17  10 percent of its total number of condominium association

18  policies in the county for the purpose of reducing the

19  insurer's exposure to hurricane claims. This subparagraph does

20  not prohibit any cancellations or nonrenewals of such policies

21  for any other lawful reason unrelated to the risk of loss from

22  hurricane exposure.

23         2.a.  If, for any 12-month period, an insurer proposes

24  to cancel or nonrenew condominium association policies to an

25  extent not authorized by subparagraph 1. for the purpose of

26  reducing exposure to hurricane claims, the insurer must file a

27  phaseout plan with the department at least 90 days prior to

28  the effective date of the plan. In the plan, the insurer must

29  demonstrate to the department that the insurer is protecting

30  market stability and the interests of its policyholders. The

31  plan may not be implemented unless it is approved by the

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  1  department. In developing the plan, the insurer must consider

  2  policyholder longevity, the use of voluntary incentives to

  3  accomplish the reduction, and geographic distribution. The

  4  insurer must demonstrate that under the plan the insurer will

  5  not cancel or nonrenew more policies in the 12-month period

  6  than the largest number of similar policies the insurer

  7  canceled or nonrenewed for any reason in any 12-month period

  8  between August 24, 1989, and August 24, 1992.

  9         b.  If the insurer considers the number of

10  cancellations and nonrenewals under sub-subparagraph a. to be

11  insufficient, the insurer may apply for approval of additional

12  cancellations or nonrenewals on the basis of an unreasonable

13  risk of insolvency. In evaluating a request under this

14  sub-subparagraph, the department shall consider, and shall

15  require the insurer to provide information relevant to: the

16  insurer's size, market concentration, and general financial

17  condition; the portion of the insurer's business in this state

18  represented by condominium association residential property

19  insurance; the reasonableness of assumptions with respect to

20  size, frequency, severity, and path of hurricanes; and the

21  reinsurance available to the insurer and potential recoveries

22  from the Florida Hurricane Catastrophe Fund. In the

23  implementation of exposure reductions under this

24  sub-subparagraph, the department and the insurer shall

25  consider such factors as policyholder longevity, the use of

26  voluntary incentives to accomplish the exposure reduction, and

27  geographic distribution.

28         c.  A policy shall not be counted as having been

29  canceled or nonrenewed for purposes of this subsection if any

30  of the following apply:

31

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  1         (I)  The policy was canceled or nonrenewed for an

  2  underwriting reason unrelated to the risk of loss from

  3  hurricane exposure, nonpayment of premium, or any other lawful

  4  reason that is unrelated to the risk of loss from hurricane

  5  exposure. The department shall consider the reason specified

  6  in the notice of cancellation or nonrenewal to be the reason

  7  for the cancellation or nonrenewal unless the department finds

  8  by a preponderance of the evidence that the stated reason was

  9  not the insurer's actual reason for the cancellation or

10  nonrenewal.

11         (II)  The cancellation or nonrenewal was initiated by

12  the insured.

13         (III)  The insurer has offered the policyholder

14  replacement or alternative coverage at approved rates.

15         (IV)  The risk is transferred from one admitted insurer

16  to another admitted insurer, unless the terms of the new or

17  replacement policy place the policyholder in default of a

18  mortgage obligation.

19         (V)  The hurricane deductible applicable to the policy

20  is increased unless the new deductible exceeds statutory

21  limits or places the policyholder in default of a mortgage

22  obligation.

23         (VI)  Any other lawful change in coverage that does not

24  place the policyholder in default of a mortgage obligation is

25  made.

26         d.  In addition to any other cancellations or

27  nonrenewals subject to the limitations in this subsection, a

28  policy shall be considered as having been canceled or

29  nonrenewed for purposes of this subsection if:

30         (I)  The insurer implements a rate increase under the

31  use-and-file provisions of s. 627.062(2)(a)2., which rate

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  1  increase exceeds 150 percent of the increase ultimately

  2  approved by the department, and, while the rate filing was

  3  pending, the policyholder voluntarily canceled or nonrenewed

  4  the policy and obtained replacement coverage from another

  5  insurer, including the Residential Property and Casualty Joint

  6  Underwriting Association; or

  7         (II)  The insurer reduces the commission to an agent by

  8  more than 25 percent and the agent thereafter places the risk

  9  with another insurer, including the Residential Property and

10  Casualty Joint Underwriting Association.

11         e.  The department must approve or disapprove an

12  application for a waiver within 90 days after the department

13  receives the application for waiver.

14         3.  Notwithstanding any provisions of this section to

15  the contrary, this section does not apply to any insurer that,

16  prior to August 24, 1992, filed notice of such insurer's

17  intent to discontinue writing insurance in this state under s.

18  624.430, and for which a finding has been made by the

19  department, the Division of Administrative Hearings of the

20  Department of Management Services, or a court that such notice

21  satisfied all requirements of s. 624.430. This section also

22  does not apply to any insurer that:

23         a.  Collects at least 75 percent of its Florida

24  premiums from policies that include hurricane coverage

25  provided to condominium associations in coastal counties.

26         b.  Collects at least 80 percent of its Florida

27  premiums from policies that include hurricane coverage

28  provided to condominium associations in Broward, Dade, and

29  Palm Beach Counties.

30         c.  Has, annually since 1992:

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  1         (I)  Increased its aggregate Florida premium volume

  2  from policies that include hurricane coverage provided to

  3  condominium associations in coastal counties.

  4         (II)  Increased its aggregate Florida premium volume

  5  from policies that include hurricane coverage provided to

  6  condominium associations in Broward, Dade, and Palm Beach

  7  Counties.

  8         (III)  Increased its aggregate Florida exposure from

  9  policies that include hurricane coverage provided to

10  condominium associations in coastal counties.

11         (IV)  Increased its aggregate Florida exposure from

12  policies that include hurricane coverage provided to

13  condominium associations in Broward, Dade, and Palm Beach

14  Counties.

15         d.  Has surplus as to policyholders of no more than

16  $200 million as reflected in its annual statement for 1995.

17         4.  In order to assure fair and effective enforcement

18  of this subsection, each insurer shall, no later than October

19  1, 1996, report to the department the policy number of each

20  policy subject to this subsection, arranged by county. The

21  report shall include the policy number for each condominium

22  association policy that was in force on the effective date of

23  this section. Beginning October 1, 1996, each insurer shall

24  also report, on a monthly basis, all cancellations and

25  nonrenewals of policies included in such policy list and the

26  reasons for the cancellations and nonrenewals.

27         5.  An insurer that has an overconcentration of wind

28  risk in areas eligible for coverage under the Florida

29  Windstorm Underwriting Association may submit to the

30  department for approval an accelerated exposure reduction

31  plan. The plan, if approved, shall allow the insurer to

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  1  nonrenew additional policies for reasons of reducing hurricane

  2  loss, beyond the amounts authorized elsewhere in this

  3  paragraph, subject to the following conditions:

  4         a.  All additional nonrenewals under this subparagraph

  5  shall consist of nonrenewals of only the windstorm portion of

  6  a policy, and shall be allowed only if the Florida Windstorm

  7  Underwriting Association provides windstorm coverage to

  8  replace the nonrenewed windstorm coverage.

  9         b.  At the conclusion of the accelerated exposure

10  reduction plan, which shall be no later than 12 months after

11  the date of the first nonrenewal under such plan, the insurer

12  is prohibited from any further nonrenewals for purposes of

13  reducing hurricane loss until the expiration of this

14  subsection.

15         c.  The total number of nonrenewals statewide for

16  purposes of reduction of hurricane loss, under this

17  subparagraph taken together with the other provisions of this

18  paragraph, shall not exceed the total number of nonrenewals

19  that would have been allowed statewide under subparagraph 1.

20  between June 1, 1996, and the expiration of this subsection.

21         d.  Notwithstanding the provisions of s. 627.4133, the

22  insurer must give the policyholder 45 days' advance notice of

23  the nonrenewal of windstorm coverage under this subparagraph

24  and the availability of such coverage through the Florida

25  Windstorm Underwriting Association.

26         e.  The first nonrenewal under an accelerated exposure

27  reduction program under this subparagraph may not take effect

28  earlier than February 1, 1997.

29         f.  In reviewing the proposed accelerated exposure

30  reduction plan, the department shall consider:

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  1         (I)  The degree to which the exposure reduction plan is

  2  necessary to address the insurer's overconcentration.

  3         (II)  Prior levels of participation in writing

  4  voluntary wind coverage in areas eligible for coverage through

  5  the Florida Windstorm Underwriting Association.

  6         (III)  The availability of wind coverage in the

  7  voluntary market for the subject risks.

  8         (IV)  The capacity of the Florida Windstorm

  9  Underwriting Association to absorb the risks proposed to be

10  covered by the association.

11         (b)  The department may adopt rules to implement this

12  subsection.

13         (c)  This section shall cease to operate at such time

14  as the department determines that the insured value of all

15  residential properties insured by the Florida Windstorm

16  Underwriting Association and all properties insured by the

17  Residential Property and Casualty Joint Underwriting

18  Association under policies providing wind coverage, combined,

19  has remained below $25 billion for 3 consecutive months, based

20  on exposure data reported to the department by the

21  associations.

22         (d)(c)  This subsection is repealed on June 1, 2001

23  1999.

24         Section 4.  Section 627.7019, Florida Statutes, is

25  created to read:

26         627.7019  Required notice of potential assessment

27  liability.--The application form and the renewal premium

28  notice for any policy of residential property insurance must

29  contain or be accompanied by the following notice in boldface

30  type no smaller than 14 points:

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  1         POTENTIAL ASSESSMENT LIABILITY.--All Florida

  2         residential property insurance policyholders

  3         are potentially subject to assessments or

  4         surcharges to defray deficits of the

  5         Residential Property and Casualty Joint

  6         Underwriting Association (RPCJUA) or the

  7         Florida Windstorm Underwriting Association

  8         (FWUA), or to fund bonds issued by the Florida

  9         Hurricane Catastrophe Fund (FHCF).

10         Section 5.  This act shall take effect October 1 of the

11  year in which enacted.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Prohibits further geographical expansion of Florida
16    Windstorm Underwriting Association eligibility. Provides
      findings relating to the moratorium on hurricane-related
17    cancellations and nonrenewals of personal lines
      residential policies and condominium association
18    policies. Deletes provisions relating to accelerated
      exposure reduction plans, provides circumstances under
19    which the section is inoperative, and delays the future
      repeal date of the section. Specifies a required notice
20    on insurance applications and renewal premium notices.

21

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