Senate Bill 2458

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    Florida Senate - 1999                                  SB 2458

    By Senator Dyer





    14-541-99

  1                      A bill to be entitled

  2         An act relating to title insurance reserve;

  3         amending s. 625.111, F.S.; revising the

  4         requirements for calculating the required

  5         amount of unearned premium reserves and for

  6         releasing such reserves, beginning at a

  7         specified date; redefining the terms "net

  8         retained liability" and "single risk";

  9         providing an effective date.

10

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

12

13         Section 1.  Section 625.111, Florida Statutes, is

14  amended to read:

15         625.111  Title insurance reserve.--In addition to an

16  adequate reserve as to outstanding losses, as required under

17  s. 625.041, a title insurer shall establish, segregate, and

18  maintain a guaranty fund or unearned premium reserve as

19  hereinafter provided.  The sums hereinafter required to be

20  reserved for unearned premiums on title guarantees and

21  policies at all times and for all purposes shall be considered

22  and constitute unearned portions of the original premiums and

23  shall be charged as a reserve liability of such insurer in

24  determining its financial condition.  While such sums are so

25  reserved, they shall be withdrawn from the use of the insurer

26  for its general purposes, impressed with a trust in favor of

27  the holders of title guarantees and policies, and held

28  available for reinsurance of the title guarantees and policies

29  in the event of the insolvency of the insurer.  Nothing herein

30  contained shall preclude such insurer from investing such

31  reserve in investments authorized by law for such an insurer,

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    Florida Senate - 1999                                  SB 2458
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  1  and the income from such invested reserve shall be included in

  2  the general income of the insurer to be used by such insurer

  3  for any lawful purpose.

  4         (1)  For any financial statement prepared with an

  5  evaluation date on or after January 1, 2000, this unearned

  6  premium reserve must equal not less than the sum of the

  7  following components:

  8         (a)  A reserve as respects unearned premiums for title

  9  guarantees or policies written or title liability assumed in

10  reinsurance before January 1, 2000, equal to the reserve

11  established on December 31, 1999, for those unearned premiums,

12  with such reserve being subsequently released as provided in

13  subsection (2). For domestic title insurers subject to this

14  section, this amount must be calculated in accordance with the

15  Florida Statutes in effect at the time the associated premiums

16  were written or assumed, as modified by any subsequent

17  statutory provisions enacted before January 1, 2000.

18         (b)  A sum equal to 30 cents for each $1,000 of net

19  retained liability for title guarantees or policies written or

20  title liability assumed in reinsurance after December 31,

21  1999, with such reserve being subsequently released as

22  provided in subsection (2). For the purposes of calculating

23  this reserve, the total of the net retained liability for all

24  simultaneously issued policies covering a single risk must be

25  set at an amount equal to the liability for the policy with

26  the highest limit covering that single risk, net of any

27  liability ceded in reinsurance.

28         (c)  An actuarial provision, if necessary, which will

29  be subsequently released as provided in subsection (2). Using

30  financial results evaluated as of December 31 of each year,

31  each domestic title insurer shall obtain a statement of

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    Florida Senate - 1999                                  SB 2458
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  1  actuarial opinion from a fellow in good standing of the

  2  Casualty Actuarial Society regarding the insurer's loss and

  3  loss adjustment expense reserves, including reserves for known

  4  claims, adverse development on known claims, incurred but not

  5  reported claims, and unallocated loss adjustment expenses. The

  6  actuarial opinion must conform to the annual statement

  7  instructions for title insurers adopted by the National

  8  Association of Insurance Commissioners and must include the

  9  actuary's professional opinion of the insurer's reserves as of

10  the date of the annual statement. If the amount of the reserve

11  stated in the opinion and displayed in Schedule P of the

12  annual statement for that evaluation date is greater than the

13  sum of the known claim reserve and unearned premium reserve as

14  calculated under this section, as of the same evaluation date,

15  including any previous actuarial provisions added at earlier

16  dates, the insurer shall add to its unearned premium reserve

17  an actuarial provision equal to the difference of the reserve

18  shown in the actuarial opinion, minus the known claim reserve,

19  minus the unearned premium reserve, all evaluated as of the

20  current evaluation date and calculated in accordance with this

21  section, but not calculated as of a date preceding December

22  31, 2000. An insurer that obtains from the Department of

23  Insurance a waiver of the requirement to obtain an actuarial

24  analysis is not required to calculate an actuarial provision

25  under this paragraph.

26         (2)(a)  As regards the reserve established in

27  accordance with paragraph (1)(a), the domestic title insurer

28  shall release the reserve over a period of 20 subsequent

29  years, in accordance with the following formula:

30

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    Florida Senate - 1999                                  SB 2458
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  1         1.  Thirty percent of the initial aggregate sum in

  2  2000, with one-quarter of that amount being released every 3

  3  months, on March 31, June 30, September 30, and December 31;

  4         2.  Fifteen percent of the initial aggregate sum in

  5  2001;

  6         3.  Ten percent of the initial aggregate sum each year

  7  in 2002 and 2003;

  8         4.  Five percent of the initial aggregate sum each year

  9  in 2004 and 2005;

10         5.  Three percent of the initial aggregate sum each

11  year in 2006 and 2007;

12         6.  Two percent of the initial aggregate sum each year

13  during 2008 through 2014; and

14         7.  One  percent of the initial aggregate sum each year

15  during 2015 through 2019,

16

17  with each year's release taking place quarterly as specified

18  in subparagraph 1.

19         (b)  As regards reserves established in accordance with

20  paragraph (1)(b), the unearned premium for title guarantees or

21  policies written or title liability assumed during a given

22  calendar year must be earned and released from reserve over a

23  period of 20 subsequent years, in accordance with the

24  following formula:

25         1.  Thirty percent of the initial sum during the year

26  next succeeding the year in which the premium was written or

27  assumed, with one-quarter of that amount being released every

28  3 months, on March 31, June 30, September 30, and December 31;

29         2.  Fifteen percent of the initial sum during the next

30  succeeding year;

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    Florida Senate - 1999                                  SB 2458
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  1         3.  Ten percent of the initial sum during each of the

  2  next succeeding 2 years;

  3         4.  Five percent of the initial sum during each of the

  4  next succeeding 2 years;

  5         5.  Three percent of the initial sum during each of the

  6  next succeeding 2 years;

  7         6.  Two percent of the initial sum during each of the

  8  next succeeding 7 years; and

  9         7.  One percent of the initial sum during each of the

10  next succeeding 5 years,

11

12  with each year's release taking place quarterly as specified

13  in subparagraph 1.

14         (c)  As regards reserves established in accordance with

15  paragraph (1)(c), the actuarial provision established in any

16  calendar year shall be released in the years subsequent to its

17  establishment in accordance with paragraph (b), with the

18  timing and percentages of releases being in all respects

19  identical to those of unearned premium reserves that are

20  calculated under paragraph (1)(b) and established with regard

21  to premiums written or liability assumed in reinsurance in the

22  same year as the year in which the actuarial provision was

23  originally established.

24         (3)  At any evaluation date, the amount of the required

25  releases of existing unearned premium reserves under

26  subsection (2) shall be calculated, and those releases

27  deducted from the total unearned premium reserve, before the

28  actuarial provision is established for the current calendar

29  year in accordance with paragraph (1)(c).

30         (1)  This unearned premium reserve shall consist of not

31  less than an amount computed as follows:

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    Florida Senate - 1999                                  SB 2458
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  1         (a)  The amount of the unearned premium reserve on June

  2  30, 1992; and

  3         (b)  A sum equal to 30 cents for each $1,000 of net

  4  retained liability under each title insurance policy on a

  5  single risk written on or after July 1, 1992.

  6         (2)(a)  The adequacy of the unearned premium reserve

  7  existing on December 31, 1992, shall be determined in

  8  accordance with the unearned premium reserve requirements

  9  existing on July 1, 1992, and said unearned premium reserve

10  shall be released in 12 equal annual installments, beginning

11  with calendar year 1993.

12         (b)  With respect to amounts reserved under this

13  section on or after January 1, 1993, the insurer shall release

14  amounts reserved during a particular calendar year in 12 equal

15  annual installments, beginning in the subsequent calendar

16  year.

17         (4)(3)  As used in this section, the term:

18         (a)  "Net retained liability" means the total liability

19  retained by a title insurer for a single risk, after taking

20  into account the deduction for that ceded liability, if any,

21  which has been ceded or assumed in reinsurance.

22         (b)  "Single risk" means the insured amount of any

23  title insurance policy, except that where two or more title

24  insurance policies are issued simultaneously covering

25  different estates in the same real property, the term "single

26  risk" means the largest sum of the insured amount of any

27  amounts of all such title insurance policy policies. Any title

28  insurance policy insuring a mortgage interest a claim payment

29  under which reduces the insured amount of a fee or leasehold

30  title insurance policy shall be excluded in computing the

31  amount of a single risk to the extent that the insured amount

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    Florida Senate - 1999                                  SB 2458
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  1  of the mortgage title insurance policy does not exceed the

  2  insured amount of the fee or leasehold title insurance policy.

  3         Section 2.  This act shall take effect January 1, 2000.

  4

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  6                          SENATE SUMMARY

  7    Pertains to requirements for title insurance reserve.
      Effective January 1, 2000, revises the requirements for
  8    calculating the amount of unearned premium reserve that
      each title insurer must maintain. Revises the
  9    requirements for releasing such reserves. Redefines the
      terms "net retained liability" and "single risk."
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