House Bill 2241

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    Florida House of Representatives - 1999                HB 2241

        By Representative Morroni






  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance

  3         premiums; amending s. 627.728, F.S.;

  4         authorizing an insurer to cancel a policy for

  5         nonpayment of premium under certain

  6         circumstances; amending s. 627.7295, F.S.;

  7         revising a premium amount criterion for initial

  8         issuance of certain motor vehicle insurance

  9         policies; providing an effective date.

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

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13         Section 1.  Paragraph (a) of subsection (3) of section

14  627.728, Florida Statutes, is amended to read:

15         627.728  Cancellations; nonrenewals.--

16         (3)(a)  No notice of cancellation of a policy to which

17  this section applies shall be effective unless mailed or

18  delivered by the insurer to the named insured and to the named

19  insured's insurance agent at least 45 days prior to the

20  effective date of cancellation, except that, when cancellation

21  is for nonpayment of premium, at least 10 days' notice of

22  cancellation accompanied by the reason therefor shall be

23  given.  An insurer may cancel a policy for nonpayment of

24  premium on or after the monthly due date of the premium

25  payment if the insurer provides two written notices of

26  cancellation to the insured within the immediately preceding

27  30 days prior to the monthly due date. No notice of

28  cancellation of a policy to which this section applies shall

29  be effective unless the reason or reasons for cancellation

30  accompany the notice of cancellation.

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    Florida House of Representatives - 1999                HB 2241

    536-162-99






  1         (b)  Nothing in this subsection shall apply to

  2  nonrenewal.

  3         (c)  Nothing in this subsection shall apply in cases in

  4  which the premium has been financed and the premium finance

  5  company has complied with the notice provisions of s. 627.848.

  6         Section 2.  Subsection (7) of section 627.7295, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         627.7295  Motor vehicle insurance contracts.--

  9         (7)  A policy of private passenger motor vehicle

10  insurance or a binder for such a policy may be initially

11  issued in this state only if the insurer or agent has

12  collected from the insured an amount equal to 2 weeks' months'

13  premium.  An insurer, agent, or premium finance company may

14  not directly or indirectly take any action resulting in the

15  insured having paid from the insured's own funds an amount

16  less than the 2 weeks' months' premium required by this

17  subsection.  This subsection applies without regard to whether

18  the premium is financed by a premium finance company or is

19  paid pursuant to a periodic payment plan of an insurer or an

20  insurance agent.  This subsection does not apply if an insured

21  or member of the insured's family is renewing or replacing a

22  policy or a binder for such policy written by the same insurer

23  or a member of the same insurer group.  This subsection does

24  not apply to an insurer that issues private passenger motor

25  vehicle coverage primarily to active duty or former military

26  personnel or their dependents. This subsection does not apply

27  if the policy is paid pursuant to a payroll deduction plan or

28  an automatic electronic funds transfer payment plan. This

29  subsection and subsection (4) do not apply if an insured has

30  had a policy in effect for at least 6 months, the insured's

31  agent is terminated by the insurer that issued the policy, and

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    Florida House of Representatives - 1999                HB 2241

    536-162-99






  1  the insured obtains coverage on the policy's renewal date with

  2  a new company through the terminated agent.

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

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  6                          HOUSE SUMMARY

  7
      Authorizes an insurer to cancel a policy for nonpayment
  8    of premium after its due date after providing two written
      notices of cancellation within 30 days after such due
  9    date. Reduces the amount required for initial issuance of
      a policy of private passenger motor vehicle insurance
10    from a 2 months' premium to a 2 weeks' premium.

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