House Bill 0799

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    Florida House of Representatives - 1999                 HB 799

        By Representative Rayson






  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.0629, F.S.; requiring insurers to provide

  4         certain discounts, credits, or other rate

  5         differentials in their rating manuals under

  6         certain circumstances; clarifying the

  7         application of certain discounts for mobile

  8         home owner's insurance rate filings; requiring

  9         insurers to implement certain discounts or rate

10         differentials for mobile home insurance

11         premiums; providing criteria; amending s.

12         627.4091, F.S.; prohibiting insurers from

13         canceling or nonrenewing residential policies

14         without notice; providing requirements for such

15         notice; amending s. 627.4133, F.S.; requiring

16         insurers to offer coverage for certain

17         replacement property under certain

18         circumstances; creating s. 627.4138, F.S.;

19         providing restrictions on cancellation or

20         nonrenewal of residential coverage; amending s.

21         627.701, F.S.; increasing the value of a risk

22         at which certain hurricane or wind loss

23         deductible provisions apply; providing

24         definitions governing the applicability of

25         hurricane and wind loss deductible provisions;

26         repealing s. 627.3511(5)(b), F.S., relating

27         conditions under which an insurer or agent may

28         qualify for a bonus or exception from

29         assessment with respect to the Residential

30         Property and Casualty Joint Underwriting

31         Association; providing an effective date.

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






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

  2

  3         Section 1.  Subsections (1), (3), and (8) of section

  4  627.0629, Florida Statutes, are amended to read:

  5         627.0629  Residential property insurance; rate

  6  filings.--

  7         (1)  Effective July 1, 2000 1994, a rating manual rate

  8  filing for residential property insurance must include

  9  appropriate discounts, credits, or other rate differentials,

10  or appropriate reductions in deductibles, for properties on

11  which fixtures or construction techniques actuarially

12  demonstrated to reduce the amount of loss in a windstorm have

13  been installed or implemented.  The fixtures or construction

14  techniques shall include, but not be limited to, fixtures or

15  techniques which enhance roof strength, roof to wall strength,

16  wall to floor to foundation strength, and window, door, and

17  skylight strength.

18         (3)  A rate filing made on or after July 1, 1995, for

19  mobile home owner's insurance must include appropriate

20  discounts, credits, or other rate differentials for mobile

21  homes constructed to comply with American Society of Civil

22  Engineers Standard ANSI/ASCE 7-88, adopted by the United

23  States Department of Housing and Urban Development on July 13,

24  1994, provided the policyholder has, with respect to the

25  mobile home which is the subject to the discount, complied and

26  that also comply with all applicable tie-down requirements

27  provided by state law. The discount authorized under this

28  subsection shall be in addition to any other discounts,

29  credits, or rate differentials authorized under this code,

30  including those authorized under subsection (8).

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    Florida House of Representatives - 1999                 HB 799

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  1         (8)  An insurer shall may implement appropriate

  2  discounts or other rate differentials of up to 10 percent of

  3  the annual premium to mobile home owners who provide to the

  4  insurer evidence of a current inspection of tie-downs for the

  5  mobile home, certifying that the tie-downs have been properly

  6  installed and are in good condition. Any discount or other

  7  rate differential implemented under this subsection shall be

  8  in addition to any discount, credit, or rate differential

  9  authorized under any other provision of this code including

10  those authorized under subsection (3). The insurer shall not

11  raise its base rate in order to offset the amount of the

12  discount.

13         Section 2.  Subsection (2) of section 627.4091, Florida

14  Statutes, is amended to read:

15         627.4091  Specific reasons for denial, cancellation, or

16  nonrenewal.--

17         (2)(a)  Each notice of nonrenewal or cancellation must

18  be accompanied by the specific reasons for nonrenewal or

19  cancellation, including the specific underwriting reasons, if

20  applicable.

21         (b)  An insurer may not cancel or nonrenew a policy

22  providing residential coverage as described in s. 627.4025(1)

23  for an underwriting reason unless the insurer provides the

24  policyholder, in writing, with the underwriting reason for the

25  cancellation or nonrenewal. The reason stated shall be based

26  upon a specific underwriting rule on file with the department

27  or contained in an approved rating manual of a licensed rating

28  organization of which the insurer is a subscriber or member,

29  cite to the specific underwriting rule being invoked as a

30  basis for the cancellation or nonrenewal, and state or

31  paraphrase such underwriting rule.

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






  1         Section 3.  Subsection (4) is added to section

  2  627.4133, Florida Statutes, to read:

  3         627.4133  Notice of cancellation, nonrenewal, or

  4  renewal premium.--

  5         (4)  With respect to any personal lines residential

  6  property insurance policy, if the insured property is sold,

  7  and a replacement property is purchased by the named insured

  8  within 6 months after the closing of the sale of the insured

  9  property, the insurer providing the property insurance

10  coverage on the insured property sold shall offer

11  substantially similar coverage for such replacement property

12  if the replacement property is of a type for which the insurer

13  has approved rates and forms, is insurable pursuant to the

14  insurer's written underwriting rules filed with the

15  department, and, unless the insured property sold was also

16  located in a Florida Windstorm Underwriting Association

17  eligible area, is not located in an area which is eligible for

18  coverage with the Florida Windstorm Underwriting Association

19  created under s. 627.351(2).

20         Section 4.  Section 627.4138, Florida Statutes, is

21  created to read:

22         627.4138  Residential coverage; restrictions on

23  cancellation or nonrenewal.--

24         (1)  For purposes of this section, the term

25  "residential coverage" shall have the same meaning as provided

26  in s. 627.4025.

27         (2)  An insurer may not cancel or nonrenew a policy of

28  residential coverage because of a property damage claim that

29  arose due to causes which were not within the control of the

30  policyholder and does not exceed 25 percent of the insured

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






  1  value of the dwelling, unless there has been a similar claim

  2  by the policyholder within the previous 5-year period.

  3         (3)  An insurer may not use as grounds for cancellation

  4  or nonrenewal of a policy of residential coverage notice to

  5  the insurer of damage to an insured property if a claim is not

  6  filed.

  7         (4)  The provisions of this section shall supplement

  8  and shall not restrict or replace any other provision of the

  9  Florida Insurance Code relating to the cancellation or

10  nonrenewal of a policy of residential coverage.

11         Section 5.  Subsection (3) of section 627.701, Florida

12  Statutes, is amended, and subsection (9) is added to said

13  section, to read:

14         627.701  Liability of insureds; coinsurance;

15  deductibles.--

16         (3)(a)  A policy of residential property insurance

17  shall include a deductible amount applicable to hurricane or

18  wind losses no lower than $500 and no higher than 2 percent of

19  the policy dwelling limits with respect to personal lines

20  residential risks, and no higher than 3 percent of the policy

21  limits with respect to commercial lines residential risks;

22  however, if a risk was covered on August 24, 1992, under a

23  policy having a higher deductible than the deductibles allowed

24  by this paragraph, a policy covering such risk may include a

25  deductible no higher than the deductible in effect on August

26  24, 1992. Notwithstanding the other provisions of this

27  paragraph, a personal lines residential policy covering a risk

28  valued at $50,000 or less may include a deductible amount

29  attributable to hurricane or wind losses no lower than $250,

30  and a personal lines residential policy covering a risk valued

31  at $150,000 $100,000 or more may include a deductible amount

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






  1  attributable to hurricane or wind losses no higher than 5

  2  percent of the policy limits unless subject to a higher

  3  deductible on August 24, 1992; however, no maximum deductible

  4  is required with respect to a personal lines residential

  5  policy covering a risk valued at more than $500,000.  An

  6  insurer may require a higher deductible, provided such

  7  deductible is the same as or similar to a deductible program

  8  lawfully in effect on June 14, 1995.  In addition to the

  9  deductible amounts authorized by this paragraph, an insurer

10  may also offer policies with a copayment provision under

11  which, after exhaustion of the deductible, the policyholder is

12  responsible for 10 percent of the next $10,000 of insured

13  hurricane or wind losses.

14         (b)1.  Except as otherwise provided in this paragraph,

15  prior to issuing a personal lines residential property

16  insurance policy on or after April 1, 1996, or prior to the

17  first renewal of a residential property insurance policy on or

18  after April 1, 1996, the insurer must offer alternative

19  deductible amounts applicable to hurricane or wind losses

20  equal to $500 and 2 percent of the policy dwelling limits,

21  unless the 2 percent deductible is less than $500. The written

22  notice of the offer shall specify the hurricane or wind

23  deductible to be applied in the event that the applicant or

24  policyholder fails to affirmatively choose a hurricane

25  deductible. The insurer must provide such policyholder with

26  notice of the availability of the deductible amounts specified

27  in this paragraph in a form specified by the department in

28  conjunction with each renewal of the policy. The failure to

29  provide such notice constitutes a violation of this code but

30  does not affect the coverage provided under the policy.

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






  1         2.  This paragraph does not apply with respect to a

  2  deductible program lawfully in effect on June 14, 1995, or to

  3  any similar deductible program, if the deductible program

  4  requires a minimum deductible amount of no less than 2 percent

  5  of the policy limits.

  6         3.  With respect to a policy covering a risk with

  7  dwelling limits of at least $150,000 $100,000, but less than

  8  $250,000, the insurer may, in lieu of offering a policy with a

  9  $500 hurricane or wind deductible as required by subparagraph

10  1., offer a policy that the insurer guarantees it will not

11  nonrenew for reasons of reducing hurricane loss for one

12  renewal period and that contains up to a 2 percent hurricane

13  or wind deductible as required by subparagraph 1.

14         4.  With respect to a policy covering a risk with

15  dwelling limits of $250,000 or more, the insurer need not

16  offer the $500 hurricane or wind deductible as required by

17  subparagraph 1., but must, except as otherwise provided in

18  this subsection, offer the 2 percent hurricane or wind

19  deductible as required by subparagraph 1.

20         (c)  In order to provide for the transition from wind

21  deductibles to hurricane deductibles as required by this

22  subsection, an insurer is required to provide wind deductibles

23  meeting the requirements of this subsection until the

24  effective date of the insurer's first rate filing made after

25  January 1, 1997, and is thereafter required to provide

26  hurricane deductibles meeting the requirements of this

27  subsection.

28         (9)  For purposes of this section, the term:

29         (a)  "Hurricane or wind losses" means loss or damage

30  caused by the peril of windstorm during a hurricane, if such

31  loss or damage occurs in a county of this state in which the

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






  1  county was in a hurricane warning area declared by the

  2  National Hurricane Center of the National Weather Service, or

  3  in which the National Hurricane Center determines that an area

  4  of the county sustained hurricane force winds.  The term

  5  includes ensuing damage to the interior of a building, or to

  6  property inside a building, caused by rain, snow, sleet, hail,

  7  sand, or dust if the direct force of the windstorm first

  8  damages the building, causing an opening through which rain,

  9  snow, sleet, hail, sand, or dust enters and causes damage.

10         (b)  "Windstorm" for purposes of paragraph (a) means

11  wind, wind gusts, hail, rain, tornadoes, or cyclones caused by

12  or resulting from a hurricane which results in direct physical

13  loss or damage to property.

14         (c)  "Hurricane" for purposes of paragraphs (a) and (b)

15  means a storm system that has been declared to be a hurricane

16  by the National Hurricane Center.  The duration of the

17  hurricane includes the time period, in this state, beginning

18  at the time a hurricane watch or hurricane warning is issued

19  for any part of this state by the National Hurricane Center,

20  continuing for the time period during which the hurricane

21  conditions exist anywhere in this state, and ending 72 hours

22  following the termination of the last hurricane watch or

23  hurricane warning issued for any part of Florida by the

24  National Hurricane Center of the National Weather Service.

25         Section 6.  Paragraph (b) of subsection (5) of section

26  627.3511, Florida Statutes, is repealed.

27         Section 7.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 799

    288-210B-99






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  2                          HOUSE SUMMARY

  3
      Requires insurers to provide discounts, credits, or other
  4    rate differentials in their rating manuals. Clarifies the
      application of discounts for mobile home owner's
  5    insurance rate filings.  Requires insurers to implement
      discounts or rate differentials for mobile home insurance
  6    premiums. Revises the conditions under which an insurer
      or agent may qualify for a bonus or exception from
  7    assessment with respect to the Residential Property and
      Casualty Joint Underwriting Association. Prohibits
  8    insurers from canceling or nonrenewing residential
      policies without notice. Provides additional requirements
  9    relating to notice of cancellation or nonrenewal.
      Requires insurers to offer coverage for replacement
10    property. Provides restrictions on cancellation or
      nonrenewal of residential coverage. Increases the value
11    of a risk at which hurricane or wind loss deductible
      provisions apply and provides definitions governing the
12    applicability of hurricane and wind loss deductible
      provisions.
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