House Bill 1761

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    Florida House of Representatives - 1999                HB 1761

        By Representative Patterson






  1                      A bill to be entitled

  2         An act relating to overinsurance; creating s.

  3         627.6245, F.S.; authorizing inclusion of

  4         overinsurance provisions in insurance policies;

  5         specifying contents; specifying required

  6         definitions; providing requirements and

  7         limitations; requiring a refund of certain

  8         unearned premium under certain circumstances;

  9         requiring an application for a policy

10         containing an overinsurance provision to

11         contain certain disclosures; authorizing the

12         Department of Insurance to adopt rules;

13         providing an effective date.

14

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

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17         Section 1.  Section 627.6245, Florida Statutes, is

18  created to read:

19         627.6245  Overinsurance; valid loss-of-time coverage.--

20         (1)  The contract may include the following provision:

21

22         "Overinsurance:  After the loss-of-time benefit of this

23  policy has been payable for 90 days, the benefit will be

24  adjusted, provided that the total amount of unadjusted

25  loss-of-time benefits provided in all valid loss-of-time

26  coverages exceeds the earnings replacement percent of the

27  insured's earned income.  The adjusted loss-of-time benefit

28  under this policy for any month shall be determined by

29  multiplying the unadjusted benefit by a factor determined by

30  multiplying the earnings replacement percent by earned income

31  divided by all unadjusted valid loss-of-time coverage

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    Florida House of Representatives - 1999                HB 1761

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  1  including the unadjusted benefit under this policy.  In making

  2  the computation, all benefits and earnings shall be converted

  3  to a consistent weekly basis, if the loss-of-time benefit of

  4  this policy is payable weekly, or to a monthly basis, if the

  5  loss-of-time benefit of this policy is payable monthly. In no

  6  event shall this provision operate:

  7         To reduce the total combined amount of loss-of-time

  8  benefits for the month payable under this policy and all other

  9  valid loss-of-time coverage below the lesser of $300 or the

10  total combined amount of loss-of-time benefits determined

11  without giving effect to any overinsurance provision;

12         To increase the amount of benefits payable under this

13  policy above the amount which would have been paid in the

14  absence of the overinsurance provision;

15         To take into account or operate to reduce any benefit

16  other than the loss-of-time benefit; or

17         To reduce the unadjusted loss-of-time benefit if the

18  insured has suffered a catastrophic disability."

19

20         (2)(a)  The overinsurance provision shall also include

21  the following definitions:

22

23         "'Earned income,' except where otherwise specified,

24  means the greater of the monthly earnings of the insured at

25  the time disability commences or his or her average monthly

26  earnings for a period of 2 years immediately preceding the

27  commencement of disability.  The term shall not include any

28  investment income or any other income not derived from the

29  insured's vocational activities.

30         'Earnings replacement percent' means the greater of 60

31  percent or the total amount of loss-of-time benefits under

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    Florida House of Representatives - 1999                HB 1761

    719-102A-99






  1  this policy and all other valid loss-of-time coverage the

  2  insured possesses and that is expected to be effective at the

  3  time of claim divided by the insured's earned income at the

  4  time of application. This percent is shown on the policy

  5  schedule.

  6         'Catastrophic disability' means that the insured has a

  7  total and permanent loss of speech, hearing in both ears,

  8  sight in both eyes, use of both legs, use of both arms, or use

  9  of one arm and one leg."

10

11         (b)  The overinsurance provision shall also include a

12  definition of valid loss-of-time coverage approved as to form

13  by the commissioner, which definition may include coverage on

14  the insured provided by governmental agencies and by

15  organizations subject to regulation by insurance law and by

16  insurance authorities of this or any other state of the United

17  States or of any other country or subdivision of such country,

18  coverage provided for the insured pursuant to any disability

19  benefits law or any workers' compensation or employer's

20  liability law, benefits provided by any labor-management

21  trustee plan or union welfare plan or by any salary

22  continuance or pension program, and any other coverage the

23  inclusion of which may be approved by the commissioner.

24         (3)  The overinsurance provision authorized in

25  subsection (1) may be included only in a policy which provides

26  a loss-of-time benefit which may be payable for at least 52

27  weeks and which the insured has the right to continue in

28  force, subject to its terms, by the timely payment of premiums

29  until at least age 50 or, in the case of a policy issued to

30  the insured after age 44, for at least 5 years after the

31  policy's date of issue.  Such policy must be issued on the

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    Florida House of Representatives - 1999                HB 1761

    719-102A-99






  1  basis of selective underwriting of each individual application

  2  and for which the application includes a question designed to

  3  obtain information needed to determine the earnings

  4  replacement percent.  Such percentage must be included in the

  5  policy.  If the application indicates that other loss-of-time

  6  coverage is to be discontinued, the amount of such other

  7  coverage shall be excluded in computing the earnings

  8  replacement percent for the overinsurance provision.  The

  9  insurer may require, as part of the proof of the claim, the

10  insured to provide the information necessary to administer

11  this provision.

12         (4)  If the overinsurance provision results in a

13  material reduction of benefits otherwise payable to an insured

14  under the policy, the insurer shall refund to the insured, for

15  the period 2 years preceding the disability for which a claim

16  is made, any premium unearned on the policy by reason of such

17  reduction of coverage.  A material reduction of benefits shall

18  be a reduction that results in unearned premium of $5 or more,

19  as specified by the insurer.

20         (5)  The application for a policy containing the

21  overinsurance provision authorized by this section shall

22  include the following disclosure:

23

24         "The benefit payable under this policy may be

25         reduced if the total loss-of-time coverage in

26         effect exceeds ...(percent)... of your income."

27

28         (6)  The department may by rule prescribe definitions,

29  forms, and procedures necessary to administer this section.

30         Section 2.  This act shall take effect October 1, 1999.

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    Florida House of Representatives - 1999                HB 1761

    719-102A-99






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  2                          HOUSE SUMMARY

  3
      Provides for including an overinsurance provision in
  4    insurance contracts and specifies contents, definitions,
      requirements, and limitations of such provision. See bill
  5    for details.

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