Senate Bill 1978c1

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    Florida Senate - 1999                           CS for SB 1978

    By the Committee on Banking and Insurance; and Senator
    Diaz-Balart




    311-1867-99

  1                      A bill to be entitled

  2         An act relating to automobile insurance;

  3         amending s. 627.739, F.S.; allowing insureds to

  4         elect multiple personal injury protection

  5         policy limitations; deleting requirement that

  6         insurers offer certain limitations; allowing

  7         insureds to receive appropriate premium

  8         reductions; requiring notice; creating s.

  9         627.7277, F.S.; requiring insurers to give the

10         policyholders notice of the renewal premium;

11         providing for continuation of policy coverage

12         at existing rates if the insurer fails to

13         comply; providing an effective date.

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

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17         Section 1.  Subsections (1) and (3) of section 627.739,

18  Florida Statutes, are amended, and subsections (5) and (6) are

19  added to that section, to read:

20         627.739  Personal injury protection; optional

21  limitations; deductibles.--

22         (1)  The named insured may elect a deductible or

23  modified coverage or combination thereof to apply to the named

24  insured alone or to the named insured and dependent relatives

25  residing in the same household, but may not elect a deductible

26  or modified coverage to apply to any other person covered

27  under the policy. Any person electing a deductible or modified

28  coverage, or a combination thereof, or subject to such

29  deductible or modified coverage as a result of the named

30  insured's election, shall have no right to claim or to recover

31  any amount so deducted from any owner, registrant, operator,

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    Florida Senate - 1999                           CS for SB 1978
    311-1867-99




  1  or occupant of a vehicle or any person or organization legally

  2  responsible for any such person's acts or omissions who is

  3  made exempt from tort liability by ss. 627.730-627.7405.

  4         (3)  Insurers shall offer coverage wherein, at the

  5  election of the named insured, all benefits payable under 42

  6  U.S.C. s. 1395, the federal "Medicare" program, or to active

  7  or retired military personnel and their dependent relatives

  8  shall be deducted from those benefits otherwise payable

  9  pursuant to s. 627.736(1).

10         (5)  The named insured shall not be prevented from

11  electing a deductible under subsection (2) and modified

12  coverages under subsections (3) and (4). Each election made by

13  the named insured under this section shall result in an

14  appropriate reduction of premium associated with that

15  election.

16         (6)  All such offers shall be made in clear and

17  unambiguous language at the time the initial application is

18  taken and prior to each annual renewal and shall indicate that

19  a premium reduction will result from each election. At the

20  option of the insurer, the requirements of the preceding

21  sentence are met by using forms of notice approved by the

22  department, or by providing the following notice in 10-point

23  type in the insurer's application for initial issuance of a

24  policy of motor vehicle insurance and the insurer's annual

25  notice of renewal premium:

26         "For personal injury protection insurance, the

27         named insured may elect a deductible and to

28         exclude coverage for loss of gross income and

29         loss of earning capacity ("lost wages"). These

30         elections apply to the named insured alone, or

31         to the named insured and all dependent resident

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    Florida Senate - 1999                           CS for SB 1978
    311-1867-99




  1         relatives. A premium reduction will result from

  2         these elections. The named insured is hereby

  3         advised not to elect the lost wage exclusion if

  4         the named insured or dependent resident

  5         relatives are employed, since lost wages will

  6         not be payable in the event of an accident."

  7         Section 2.  Section 627.7277, Florida Statutes, is

  8  created to read:

  9         627.7277  Notice of renewal premium.--

10         (1)  As used in this section, the terms "policy" and

11  "renewal" have the meaning ascribed in s. 627.728.

12         (2)  An insurer shall mail or deliver to its

13  policyholder at least 30 days' advance written notice of the

14  renewal premium for the policy. United States postal proof of

15  mailing or certified or registered mailing of notice of the

16  renewal premium to the named insured at the address shown in

17  the policy shall be sufficient proof of notice.

18         (3)  If the insurer fails to provide the 30 days'

19  notice of a renewal premium that results in a premium

20  increase, the coverage under the policy remains in effect at

21  the existing rates until 30 days after the notice is given or

22  until the effective date of replacement coverage obtained by

23  the insured, whichever occurs first.

24         Section 3.  This act shall take effect July 1, 1999,

25  and shall apply to policies issued or renewed on or after July

26  1, 2000.

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    Florida Senate - 1999                           CS for SB 1978
    311-1867-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1978

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  4  The committee substitute does the following:

  5  -     Provides that insurers provide clear notice to
          policyholders that they may elect multiple personal
  6        injury protection policy benefit limitations and receive
          appropriate premium reductions at the time of initial
  7        application and annual renewal;

  8  -     Deletes the Medicare coordination provision which
          policyholders could elect to be deducted from their
  9        personal injury protection benefits. The Medicare
          provision was rendered obsolete due to a change in
10        federal law;

11  -     Requires private passenger automobile insurers to give
          policyholders at least 30 days' advance written notice
12        of the renewal premium of the policy. Failure to provide
          notice of a premium increase results in coverage
13        remaining in effect at the existing rates until 30 days
          after the notice is given or until the effective date of
14        replacement coverage obtained by the insured, whichever
          occurs first.
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