House Bill 4251c1

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    Florida House of Representatives - 1998             CS/HB 4251

        By the Committee on Financial Services and Representative
    Tamargo





  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         215.555, F.S.; revising the method of

  4         reimbursement to insurers under the Florida

  5         Hurricane Catastrophe Fund; amending s.

  6         624.316, F.S.; deleting certain rulemaking

  7         authority of the Department of Insurance

  8         relating to insurer compliance; amending s.

  9         624.426, F.S.; providing that certain

10         transferred policies are exempt from the

11         resident agent and countersignature law;

12         amending s. 624.610, F.S.; specifying purposes

13         of regulation of reinsurance; correcting cross

14         references; amending s. 627.7275, F.S.;

15         modifying coverage requirements and premiums

16         relating to motor vehicle property damage

17         liability; amending s. 627.9126, F.S.;

18         authorizing the Department of Insurance to

19         sample claims or actions for damages; amending

20         s. 627.913, F.S.; revising requirements for

21         annual reports by products liability insurers;

22         repealing s. 624.22, F.S., relating to purposes

23         of regulation of reinsurance; providing an

24         effective date.

25

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

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28         Section 1.  Paragraph (e) of subsection (4) of section

29  215.555, Florida Statutes, is amended to read:

30         215.555  Florida Hurricane Catastrophe Fund.--

31         (4)  REIMBURSEMENT CONTRACTS.--

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  1         (e)1.  Except as provided in subparagraphs 2. and 3.,

  2  the contract shall provide that if an insurer demonstrates to

  3  the board that it is likely to qualify for reimbursement under

  4  the contract, and demonstrates to the board that the immediate

  5  receipt of moneys from the board is likely to prevent the

  6  insurer from becoming insolvent, the board shall advance the

  7  insurer, at market interest rates, the amounts necessary to

  8  maintain the solvency of the insurer, up to 50 percent of the

  9  board's estimate of the reimbursement due the insurer. The

10  insurer's reimbursement shall be reduced by an amount equal to

11  the amount of the loan and interest thereon.

12         2.  With respect only to an entity created under s.

13  627.351, the contract shall also provide that the board may,

14  upon application by such entity, advance to such entity, at

15  market interest rates, up to 90 percent of the lesser of:

16         a.  The board's estimate of the amount of reimbursement

17  due to such entity; or

18         b.  The entity's share of the actual reimbursement

19  premium paid for that contract year, multiplied by the

20  currently available liquid assets of the fund.  In order for

21  the entity to qualify for an advance under this subparagraph,

22  the entity must demonstrate to the board that the advance is

23  essential to allow the entity to pay claims for a covered

24  event and the board must determine that the fund's assets are

25  sufficient and are sufficiently liquid to allow the board to

26  make an advance to the entity and still fulfill the board's

27  reimbursement obligations to other insurers. The entity's

28  final reimbursement for any contract year in which an advance

29  has been made under this subparagraph must be reduced by an

30  amount equal to the amount of the advance and any interest on

31  such advance. In order to determine what amounts, if any, are

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  1  due the entity, the board may require the entity to report its

  2  exposure and its losses at any time to determine retention

  3  levels and reimbursements payable.

  4         3.  The contract shall also provide specifically and

  5  solely with respect to any limited apportionment company under

  6  s. 627.351(2)(b)3. that the board may, upon application by

  7  such company, advance to such company the amount of the

  8  estimated reimbursement payable to such company as calculated

  9  pursuant to paragraph (d), up to the lesser of:

10         a.  Ninety percent of the board's estimate of the

11  reimbursement due to such company, or

12         b.  Ninety percent of the company's share of the total

13  fund premiums applied to the board's currently available

14  liquid assets,

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16  at market rates, if the company demonstrates to the board that

17  the immediate receipt of such moneys is essential to permit it

18  to pay claims for a covered event and if the board determines

19  that the fund's assets are sufficient and are sufficiently

20  liquid to permit the board to make an advance to such company

21  and at the same time fulfill its reimbursement obligations to

22  the insurers that are participants in the fund.  Such

23  company's final reimbursement for any contract year in which

24  an advance pursuant to this subparagraph has been made shall

25  be reduced by an amount equal to the amount of the advance and

26  interest thereon.  In order to determine what amounts, if any,

27  are due to such company, the board may require such company to

28  report its exposure and its losses at such times as may be

29  required to determine retention levels and loss reimbursements

30  payable.

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  1         Section 2.  Paragraph (f) of subsection (2) of section

  2  624.316, Florida Statutes, is amended to read:

  3         624.316  Examination of insurers.--

  4         (2)

  5         (f)1.a.  An examination under this section must be

  6  conducted at least once every year with respect to a domestic

  7  insurer that has continuously held a certificate of authority

  8  for less than 3 years. The examination must cover the

  9  preceding fiscal year or the period since the last examination

10  of the insurer. The department may limit the scope of the

11  examination if the insurer has demonstrated sufficient

12  compliance as determined under subparagraph 3.

13         b.  The department may not accept an independent

14  certified public accountant's audit report in lieu of an

15  examination required by this subparagraph.

16         c.  An insurer may not be required to pay more than

17  $25,000 to cover the costs of any one examination under this

18  subparagraph.

19         2.  An examination under this section must be conducted

20  not less frequently than once every 5 years with respect to an

21  insurer that has continuously held a certificate of authority,

22  without a change in ownership subject to s. 624.4245 or s.

23  628.461, for more than 15 years and has demonstrated

24  sufficient compliance as determined under subparagraph 3. The

25  examination must cover the preceding 5 fiscal years of the

26  insurer or the period since the last examination of the

27  insurer. This subparagraph does not limit the ability of the

28  department to conduct more frequent examinations.

29         3.  The department must, by rule, adopt procedures and

30  criteria for determining if an insurer has demonstrated

31  sufficient compliance with this code and cooperation with the

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  1  department. The rules must include consideration of such

  2  factors as financial strength, timeliness, consumer service,

  3  economic and community contributions and support,

  4  responsiveness to department requests, and any other relevant

  5  factors. The department must annually publish and disseminate

  6  a listing of those insurers found to demonstrate sufficient

  7  compliance under the rules, including special recognition for

  8  community contributions and support.

  9         Section 3.  Subsection (4) is added to section 624.426,

10  Florida Statutes, to read:

11         624.426  Exceptions to resident agent and

12  countersignature law.--Section 624.425 does not apply to:

13         (4)  Policies of insurance issued by insurers whose

14  agents represent only one company or group of companies under

15  common ownership if a company within one group is transferring

16  policies to another company within the same group and the

17  agent of record remains the same.

18         Section 4.  Subsections (1)-(12) of section 624.610,

19  Florida Statutes, are renumbered as subsections (2)-(13) of

20  said section, respectively, new subsection (1) is added to

21  said section, and renumbered subsection (2) of said section is

22  amended, to read:

23         624.610  Reinsurance.--

24         (1)  The purpose of this section is to protect the

25  interests of insureds, claimants, ceding insurers, assuming

26  insurers, and the public.  It is the intent of the Legislature

27  to ensure adequate regulation of insurers and reinsurers and

28  adequate protection for those to whom they owe obligations.

29  In furtherance of that state interest, the Legislature

30  requires that upon the insolvency of a non-United States

31  insurer or reinsurer which provides security to fund its

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  1  United States obligations in accordance with this section,

  2  such security shall be maintained in the United States and

  3  claims shall be filed with and valued by the State Insurance

  4  Commissioner with regulatory oversight, and the assets shall

  5  be distributed in accordance with the insurance laws of the

  6  state in which the trust is domiciled that are applicable to

  7  the liquidation of domestic United States insurance companies.

  8  The Legislature declares that the matters contained in this

  9  section are fundamental to the business of insurance in

10  accordance with 15 U.S.C. ss. 1011-1012.

11         (3)(2)

12         (b)  Credit in accounting and financial statements on

13  account of reinsurance ceded to a nonapproved reinsurer may be

14  allowed only:

15         1.  When it is demonstrated by the ceding insurer to

16  the satisfaction of the department that such reinsurer

17  maintains the standards and meets the financial requirements

18  applicable to an authorized insurer;

19         2.  To the extent of deposits by, or funds withheld

20  from, such reinsurer pursuant to express provision therefor in

21  the reinsurance contract as security for the payment of the

22  obligations thereunder if such deposits or funds are held

23  subject to withdrawal by, and under the control of, the ceding

24  insurer or such deposits or funds are placed in trust for such

25  purposes in a bank which is a member of the Federal Reserve

26  System if withdrawals from the trust cannot be made without

27  the consent of the ceding insurer. The funds withheld may be

28  cash or securities which are qualified as admitted assets

29  under part II of chapter 625 and which have a market value

30  equal to or greater than the credit taken; or

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  1         3.  To the extent that the amount of a clean,

  2  unconditional, evergreen, and irrevocable letter of credit,

  3  issued for a term of not less than 1 year and in conformity

  4  with the requirements set forth in this subparagraph, equals

  5  or exceeds the liability of an unauthorized or unapproved

  6  reinsurer for unearned premiums, outstanding losses, and an

  7  adequate reserve for incurred but not reported losses under a

  8  specific reinsurance agreement. The requirements are that such

  9  a clean and irrevocable letter of credit be issued under

10  arrangements satisfactory to the department as constituting

11  security to the ceding insurer substantially equal to that of

12  a deposit under subparagraph 2. and that the letter be issued

13  by a banking institution which is a member of the Federal

14  Reserve System and which has financial standing satisfactory

15  to the commissioner. The department may adopt rules requiring

16  that the letter adhere in its wording to a format for letters

17  of credit as the format has been or may be adopted or approved

18  by the National Association of Insurance Commissioners.

19         4.  When the reinsurance is ceded to a reinsurer which

20  maintains a trust fund, in a bank or trust company that is

21  subject to supervision by any state of the United States or

22  that is a member of the Federal Reserve System, for the

23  payment of the valid claims for business written in the United

24  States. The trust shall consist of a trusteed account in an

25  amount not less than the reinsurer's liabilities attributable

26  to reinsurance by ceding insurers for business written in the

27  United States and, in addition, the reinsurer shall maintain a

28  trusteed surplus of not less than $20 million.  Such trust

29  shall be established in a form approved, and any amendments to

30  the trust approved, by the insurance commissioner where the

31  trust is domiciled, or the insurance commissioner of another

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  1  state who, pursuant to the terms of the trust agreement, has

  2  accepted principal regulatory oversight of the trust.  The

  3  trust shall remain in effect for as long as the reinsurer has

  4  outstanding obligations due under the reinsurance agreements

  5  subject to the trust.  The trust assets must be in cash or

  6  securities which are qualified as admitted assets under part

  7  II of chapter 625 and which have a market value of the

  8  required liabilities and trusteed surplus. The reinsurer shall

  9  report quarterly to the insurance commissioner information

10  substantially the same as that required to be reported on the

11  National Association of Insurance Commissioners Annual

12  Statement form by licensed insurers to enable the insurance

13  commissioner to determine the sufficiency of the trust fund.

14  The trust and the reinsurer shall be subject to examination as

15  determined by the commissioner.

16         5.  The credit permitted by subparagraph (a)4. and the

17  credit permitted by subparagraph (a)2. shall not be allowed

18  unless the assuming insurer in substance agrees in the trust

19  agreement to the following conditions:

20         a.  Notwithstanding any other provisions in the trust

21  instrument, if the trust fund is inadequate because it

22  contains an amount less than the amount required by the

23  department or, if the grantor of the trust has been declared

24  insolvent or placed into receivership, rehabilitation,

25  liquidation, or similar proceedings under the laws of its

26  state or country of domicile, the trustee shall comply with an

27  order of the commissioner superintendent with regulatory

28  oversight over the trust or with an order of a court of

29  competent jurisdiction directing the trustee to transfer to

30  the commissioner superintendent with regulatory oversight all

31  of the assets of United States trust beneficiaries.

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  1         b.  The assets shall be distributed by, and claims of

  2  United States trust beneficiaries shall be filed with and

  3  valued by, the commissioner superintendent with regulatory

  4  oversight in accordance with the laws of the state in which

  5  the trust is domiciled that are applicable to the liquidation

  6  of domestic insurance companies.

  7         c.  If the commissioner superintendent with regulatory

  8  oversight determines that the assets of the trust fund or any

  9  part thereof are not necessary to satisfy the claims for

10  business written in the United States, the assets or any part

11  thereof shall be returned by the commissioner superintendent

12  with regulatory oversight to the trustee for distribution in

13  accordance with the trust agreement.

14         d.  The grantor shall waive any right otherwise

15  available to it under United States law that is inconsistent

16  with this provision.

17         (c)  For the purposes of this subsection only, the term

18  "ceding insurer" shall include any health maintenance

19  organization operating under a certificate of authority issued

20  under part I of chapter 641.

21         Section 5.  Paragraph (a) of subsection (2) of section

22  627.7275, Florida Statutes, is amended to read:

23         627.7275  Motor vehicle property damage liability.--

24         (2)(a)  Insurers writing motor vehicle insurance in

25  this state shall make available, subject to the insurers'

26  usual underwriting restrictions, coverage under policies as

27  described in subsection (1) of this section to any applicant

28  for private passenger motor vehicle insurance coverage who is

29  seeking the coverage in order to reinstate the applicant's

30  driving privileges in this state when the driving privileges

31  were revoked or suspended pursuant to s. 316.646 or s. 627.733

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  1  due to the failure of the applicant to maintain required

  2  security.  The policy shall be issued for a period of at least

  3  6 months and as to the minimum coverages required under this

  4  section shall not be cancelable by the insured for any reason

  5  or by the insurer after a period not to exceed 30 days during

  6  which the insurer must complete underwriting of the policy.

  7  After the insurer has completed underwriting the policy within

  8  the 30-day period, the insurer shall notify the Department of

  9  Highway Safety and Motor Vehicles that the policy is in full

10  force and effect and the policy shall not be cancelable for

11  the remainder of the policy period.  A premium shall be

12  collected and coverage shall be in effect for the 30-day

13  period during which the insurer is completing the underwriting

14  of the policy whether or not the person's driver license,

15  motor vehicle tag, and motor vehicle registration are in

16  effect.  Once the noncancelable provisions of the policy

17  become effective, the coverage or risk shall not be changed

18  during the policy period and the premium shall be

19  nonrefundable fully earned.  If, during the pendency of the

20  2-year proof of insurance period required under s. 627.733(7),

21  the insured obtains additional coverage or coverage for an

22  additional risk or changes territories, the insured then she

23  or he must obtain a new 6-month noncancelable policy in

24  accordance with the provisions of this section. However, if

25  the insured must obtain a new 6-month policy and obtains the

26  policy from the same insurer, the policyholder shall receive

27  credit on the new policy for any premium paid on the

28  previously issued policy.

29         Section 6.  Subsections (1) and (2) of section

30  627.9126, Florida Statutes, are amended to read:

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  1         627.9126  Annual reports of information by liability

  2  insurers required.--

  3         (1)  Each insurer transacting commercial multiperil,

  4  products liability, commercial automobile liability, private

  5  passenger automobile liability, or other line of liability

  6  insurance shall maintain information as specified in this

  7  section. Such information shall be maintained for each line of

  8  insurance and for direct Florida business only. The department

  9  may shall annually conduct a sampling of claims or actions for

10  damages for personal injury or property damage claimed to have

11  been caused by error, omission, or negligence of insureds if

12  the claim resulted in:

13         (a)  A final judgment in any amount.

14         (b)  A settlement in any amount.

15         (c)  A final disposition not resulting in payment on

16  behalf of the insured.

17         (2)  Upon request of the department, an insurer shall,

18  within 60 days, submit to the department a report that which

19  contains:

20         (a)  A final judgment in any amount.

21         (b)  A settlement in any amount.

22         (c)  A final disposition not resulting in payment on

23  behalf of the insured.

24         Section 7.  Section 627.913, Florida Statutes, is

25  amended to read:

26         627.913  Reports of information by products liability

27  insurers required.--

28         (1)  The department may require any insurer authorized

29  to write a policy of products liability insurance in the state

30  to shall transmit the following information, based on its

31  statewide products liability insurance writings. Upon the

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  1  request of, to the department, an each year in the annual

  2  report of such insurer shall, within 60 days, submit to the

  3  department a report that contains:

  4         (1)(a)  Premiums written;

  5         (2)(b)  Premiums earned;

  6         (3)(c)  Unearned premiums;

  7         (4)(d)  The dollar amount of claims paid;

  8         (5)(e)  Incurred claims, not including claims incurred

  9  but not reported;

10         (6)(f)  Claims closed without payment, and the amount

11  reserved for such claims;

12         (7)(g)  Loss reserves for all claims except claims

13  incurred but not reported;

14         (8)(h)  Reserves for claims incurred but not reported;

15         (9)(i)  Losses paid as a percentage of the amount

16  reserved for such losses;

17         (10)(j)  Net investment gain or loss and other income

18  gain or loss allocated to products liability lines according

19  to the allocation formula used in the annual insurance expense

20  exhibit;

21         (11)(k)  Underwriting income or loss;

22         (12)(l)  Actual expenses in detail, including, but not

23  limited to, loss adjustment expense; commissions; general

24  expense; and advertising, home office, and defense costs;

25         (13)(m)  Claims settled after a suit was filed;

26         (14)(n)  Claims paid based on a judgment; and

27         (15)(o)  Judgments appealed by the insurer, together

28  with the total results of such appeals.

29         (2)  The department shall provide a summary of

30  information provided pursuant to subsection (1) in its annual

31  report.

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  1         (3)  In the first year that an insurer makes a report

  2  pursuant to subsection (1), the insurer shall provide only the

  3  information required by paragraphs (a) through (l) of

  4  subsection (1) and shall provide such information for the

  5  current year and the 3 previous years.

  6         Section 8.  Section 624.22, Florida Statutes, is

  7  repealed.

  8         Section 9.  This act shall take effect October 1 of the

  9  year in which enacted.

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