House Bill 1749er

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    1999 Legislature                   CS/HB 1749, First Engrossed



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  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.

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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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    1999 Legislature                   CS/HB 1749, First Engrossed



  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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    1999 Legislature                   CS/HB 1749, First Engrossed



  1  counted as an asset of the insurer; provided, however, this

  2  requirement does not apply when the insurer and the motor

  3  vehicle service agreement company are affiliated companies and

  4  members of an insurance holding company system. If the motor

  5  vehicle service agreement company chooses to comply with this

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

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

  8  vehicle service agreement company and may not be

  9  simultaneously counted as an asset of any other entity.

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

11  634.121, Florida Statutes, are amended to read:

12         634.121  Filing of forms, required procedures,

13  provisions.--

14         (9)  Each service agreement form must contain in

15  conspicuous, boldfaced type any statement or clause that

16  places restrictions or limitations on the benefits offered or

17  disclose such restrictions or limitations in regular type in a

18  section of the service agreement containing a conspicuous,

19  boldfaced type heading.

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

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

22  benefit in conspicuous, boldfaced type or disclose such

23  restrictions or limitations in regular type in a section of

24  the service agreement containing a conspicuous, boldfaced type

25  heading.

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

27  Florida Statutes, to read:

28         634.312  Filing, approval of forms.--

29         (6)  All home warranty contracts must state in

30  conspicuous, boldfaced type that the home warranty may not

31  provide listing period coverage free of charge.


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    1999 Legislature                   CS/HB 1749, First Engrossed



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

  2  Statutes, is amended to read:

  3         634.401  Definitions.--As used in this part, the term:

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

  5  extended warranty or extended guaranty, maintenance service

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

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

  8  written promise to indemnify against the cost of repair or

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

10  a segregated charge by the consumer; however:

11         (a)  Maintenance service contracts written for 1 year

12  or less which do not contain provisions for indemnification

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

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

15  the effective period of such contract, motor vehicle service

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

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

18  chapter are excluded from this definition; and

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

20  service contracts between consumers and condominium

21  associations.

22         Section 5.  The introductory paragraph of subsection

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

24         634.406  Financial requirements.--

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

26  an unearned premium reserve if it has purchased contractual

27  liability insurance which demonstrates to the satisfaction of

28  the department that 100 percent of its claim exposure is

29  covered by such policy.  The contractual liability insurance

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

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


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    1999 Legislature                   CS/HB 1749, First Engrossed



  1  approved by the department as financially capable of meeting

  2  the obligations incurred pursuant to the policy.  For the

  3  purposes of this subsection, the contractual liability policy

  4  shall contain the following provisions:

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

  6  law.

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