House Bill 1749c1

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    Florida House of Representatives - 1999             CS/HB 1749

        By the Committee on Insurance and Representatives Farkas,
    Morroni, Jones, Pruitt, Sanderson and Rayson





  1                      A bill to be entitled

  2         An act relating to service warranties; amending

  3         s. 634.041, F.S.; providing requirements and

  4         limitations as to certain funds and premiums

  5         relating to unearned premium preserves;

  6         amending s. 634.121, F.S.; revising certain

  7         disclosure form requirements; amending s.

  8         634.312, F.S.; requiring home warranty

  9         contracts to contain a certain disclosure;

10         amending s. 634.401, F.S.; revising a

11         definition; amending s. 634.406, F.S.; revising

12         a contactual liability insurance requirement

13         for service warranty associations; providing an

14         effective date.

15

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

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18         Section 1.  Paragraph (b) of subsection (8) section

19  634.041, Florida Statutes, is amended to read:

20         634.041  Qualifications for license.--To qualify for

21  and hold a license to issue service agreements in this state,

22  a service agreement company must be in compliance with this

23  part, with applicable rules of the department, with related

24  sections of the Florida Insurance Code, and with its charter

25  powers and must comply with the following:

26         (8)

27         (b)  A service agreement company does not have to

28  establish and maintain an unearned premium reserve if it

29  purchases and maintains contractual liability insurance in

30  accordance with the following:

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    Florida House of Representatives - 1999             CS/HB 1749

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  1         1.  The insurance covers 100 percent of its claim

  2  exposure and is obtained from an insurer approved by the

  3  department which holds a certificate of authority to do

  4  business within this state.

  5         2.  If the service agreement company does not meet its

  6  contractual obligations, the contractual liability insurance

  7  policy binds its issuer to pay or cause to be paid to the

  8  service agreement holder all legitimate claims and

  9  cancellation refunds for all service agreements issued by the

10  service agreement company while the policy was in effect.

11  This requirement also applies to those service agreements for

12  which no premium has been remitted to the insurer.

13         3.  If the issuer of the contractual liability policy

14  is fulfilling the service agreements covered by the

15  contractual liability policy and the service agreement holder

16  cancels the service agreement, the issuer must make a full

17  refund of unearned premium to the consumer, subject to the

18  cancellation fee provisions of s. 634.121(5).  The sales

19  representative and agent must refund to the contractual

20  liability policy issuer their unearned pro rata commission.

21         4.  The policy may not be canceled, terminated, or

22  nonrenewed by the insurer or the service agreement company

23  unless a 90-day written notice thereof has been given to the

24  department by the insurer before the date of the cancellation,

25  termination, or nonrenewal.

26         5.  The service agreement company must provide the

27  department with the claims statistics.

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29  All funds or premiums remitted to an insurer by a motor

30  vehicle service agreement company under this part shall remain

31  in the care, custody, and control of the insurer and shall be

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    Florida House of Representatives - 1999             CS/HB 1749

    200-526-99






  1  counted as an asset of the insurer. If the motor vehicle

  2  service agreement company chooses to comply with this

  3  paragraph but also maintains a reserve to pay claims, such

  4  reserve shall only be considered an asset of the covered motor

  5  vehicle service agreement company and may not be

  6  simultaneously counted as an asset of any other entity.

  7         Section 2.  Subsections (9) and (12) of section

  8  634.121, Florida Statutes, are amended to read:

  9         634.121  Filing of forms, required procedures,

10  provisions.--

11         (9)  Each service agreement form must contain in

12  conspicuous, boldfaced type any statement or clause that

13  places restrictions or limitations on the benefits offered or

14  disclose such restrictions or limitations in regular type in a

15  section of the service agreement containing a conspicuous,

16  boldfaced type heading.

17         (12)  If a service agreement contains a rental car

18  provision, it must disclose the terms and conditions of this

19  benefit in conspicuous, boldfaced type or disclose such

20  restrictions or limitations in regular type in a section of

21  the service agreement containing a conspicuous, boldfaced type

22  heading.

23         Section 3.  Subsection (6) is added to section 634.312,

24  Florida Statutes, to read:

25         634.312  Filing, approval of forms.--

26         (6)  All home warranty contracts must state in

27  conspicuous, boldfaced type that the home warranty may not

28  provide listing period coverage free of charge.

29         Section 4.  Subsection (14) of section 634.401, Florida

30  Statutes, is amended to read:

31         634.401  Definitions.--As used in this part, the term:

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    Florida House of Representatives - 1999             CS/HB 1749

    200-526-99






  1         (14)  "Service warranty" means any warranty, guaranty,

  2  extended warranty or extended guaranty, maintenance service

  3  contract greater than 1 year in length or which does not meet

  4  the exemption in paragraph (a), contract agreement, or other

  5  written promise to indemnify against the cost of repair or

  6  replacement of a consumer product in return for the payment of

  7  a segregated charge by the consumer; however:

  8         (a)  Maintenance service contracts written for 1 year

  9  or less which do not contain provisions for indemnification

10  and which do not provide a discount to the consumer for any

11  combination of parts and labor in excess of 20 percent during

12  the effective period of such contract, motor vehicle service

13  agreements, transactions exempt under s. 624.125, and home

14  warranties subject to regulation under parts I and II of this

15  chapter are excluded from this definition; and

16         (b)  The term "service warranty" does not include

17  service contracts between consumers and condominium

18  associations.

19         Section 5.  The introductory paragraph of subsection

20  (3) of section 634.406, Florida Statutes, is amended to read:

21         634.406  Financial requirements.--

22         (3)  An association will not be required to establish

23  an unearned premium reserve if it has purchased contractual

24  liability insurance which demonstrates to the satisfaction of

25  the department that 100 percent of its claim exposure is

26  covered by such policy.  The contractual liability insurance

27  shall be obtained from an insurer that holds a certificate of

28  authority to do business within the state or from an insurer

29  approved by the department as financially capable of meeting

30  the obligations incurred pursuant to the policy.  For the

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    Florida House of Representatives - 1999             CS/HB 1749

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  1  purposes of this subsection, the contractual liability policy

  2  shall contain the following provisions:

  3         Section 6.  This act shall take effect upon becoming a

  4  law.

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