House Bill 2295

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    Florida House of Representatives - 2000                HB 2295

        By Representative Jones






  1                      A bill to be entitled

  2         An act relating to credit and mortgage guaranty

  3         insurance; amending s. 624.408, F.S.;

  4         specifying minimum surplus for mortgage

  5         guaranty insurers; amending s. 626.321, F.S.;

  6         authorizing individuals and entities holding a

  7         credit life or disability insurance license to

  8         sell credit insurance; modifying requirements

  9         for licensure; amending s. 627.679, F.S.;

10         requiring certain disclosures to be made within

11         a specified time upon the sale of credit life

12         insurance; allowing a borrower a specified time

13         from the date of such disclosures to rescind

14         the coverage; amending s. 635.042, F.S.;

15         revising limits on total liability and exposure

16         to losses for mortgage guaranty insurers;

17         requiring certain audited financial reports to

18         include certain information; authorizing the

19         Department of Insurance to take certain actions

20         against certain mortgage guaranty insurers;

21         providing an effective date.

22

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

24

25         Section 1.  Paragraph (a) of subsection (1) of section

26  624.408, Florida Statutes, is amended, and subsection (4) is

27  added to said section, to read:

28         624.408  Surplus as to policyholders required; new and

29  existing insurers.--

30         (1)(a)  To maintain a certificate of authority to

31  transact any one kind or combinations of kinds of insurance,

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  1  as defined in part V of this chapter, an insurer in this state

  2  shall at all times maintain surplus as to policyholders not

  3  less than the greater of:

  4         1.  Except as provided in subparagraph 5. and paragraph

  5  (b), $1.5 million;

  6         2.  For life insurers, 4 percent of the insurer's total

  7  liabilities;

  8         3.  For life and health insurers, 4 percent of the

  9  insurer's total liabilities plus 6 percent of the insurer's

10  liabilities relative to health insurance; or

11         4.  For all insurers other than mortgage guaranty

12  insurers, life insurers, and life and health insurers, 10

13  percent of the insurer's total liabilities.

14         5.  For property and casualty insurers, $4 million.

15         (4)  Mortgage guaranty insurers shall have and maintain

16  a minimum surplus as required by s. 635.042.

17         Section 2.  Paragraph (e) of subsection (1) of section

18  626.321, Florida Statutes, is amended to read:

19         626.321  Limited licenses.--

20         (1)  The department shall issue to a qualified

21  individual, or a qualified individual or entity under

22  paragraphs (c), (d), and (e), a license as agent authorized to

23  transact a limited class of business in any of the following

24  categories:

25         (e)  Credit life or disability insurance.--License

26  covering only credit life or disability insurance. The license

27  may be issued only to an individual employed by a life or

28  health insurer as an officer or other salaried or commissioned

29  representative, or to an individual employed by or associated

30  with a lending or financing institution or creditor, and may

31  authorize the sale of such insurance only with respect to

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  1  borrowers or debtors of such lending or financing institution

  2  or creditor.  However, only the individual or entity whose tax

  3  identification number is used in receiving or is credited with

  4  receiving the commission from the sale of such insurance shall

  5  be the licensed agent of the insurer.  No individual while so

  6  licensed shall hold a license as an agent or solicitor as to

  7  any other or additional kind or class of life or health

  8  insurance coverage. An entity other than a lending or

  9  financial institution defined in s. 655.005(1)(g), (h), or (p)

10  holding a limited license under this paragraph is shall also

11  be authorized to sell credit insurance and credit property

12  insurance. An entity applying for a license under this

13  section:

14         1.  Is required to submit only one application for a

15  license under s. 626.171, excluding the requirements of s.

16  626.171(5), provided that the entity is regulated by any of

17  the following federal or state agencies:  Office of the

18  Comptroller of the Currency; the Securities and Exchange

19  Commission; or the Department of Banking and Finance.

20         2.  Is not required to obtain a license or appointment

21  for each office, branch office, or place of business making

22  use of the entity's business name by applying to the

23  department for the license on a simplified form developed by

24  rule of the department for this purpose. However, the licensed

25  entity shall file with the department the address and

26  telephone number of each place of business at which credit

27  insurance is being marketed or sold. This information must be

28  filed annually by January 1 in an electronic format as

29  specified by the department by rule. The licensee is required

30  to file with the department, in the same specified electronic

31  format, any changes, additions, or deletions regarding each

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  1  place of business marketing or selling credit insurance within

  2  30 days after such change.

  3         3.  Is not required to pay any additional application

  4  fees for a license issued to the offices or places of business

  5  referenced in subsection (2), but is required to pay the

  6  license fee as prescribed in s. 624.501, be appointed under s.

  7  626.112, and pay the prescribed appointment fee under s.

  8  624.501. Shall post a copy of the license obtained under this

  9  paragraph shall be posted at each the business location at for

10  which employees are selling insurance authorized under the

11  entity license it was issued so as to be readily visible to

12  prospective purchasers of such coverage.

13         Section 3.  Subsection (1) of section 627.679, Florida

14  Statutes, is amended to read:

15         627.679  Amount of insurance; disclosure.--

16         (1)(a)  The amount of credit life insurance written

17  under one or more policies shall not exceed by more than $5

18  the total of the payments of the specific contracts of

19  indebtedness in connection with which it is written, when the

20  indebtedness is repayable in substantially equal installments

21  or in one installment or a single payment.

22         (b)  The total amount of credit life insurance on the

23  life of any debtor with respect to any loan or loans covered

24  in one or more insurance policies shall at no time exceed

25  $50,000 with any one creditor, except that loans not exceeding

26  1 year's duration shall not be subject to such limits, and on

27  such loans not exceeding 1 year's duration, the limits of

28  coverage shall not exceed $50,000 with any one insurer.

29         (c)  Before any credit life insurance may be sold, the

30  creditor agent or agent shall obtain a separate written

31  acknowledgment with respect to each of the following:

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  1         1.  That the borrower understands that he or she has

  2  the option of assigning any other policy or policies the

  3  borrower owns or may procure for the purpose of covering such

  4  loan and that the policy need not be purchased from the

  5  creditor agent in order to obtain the loan.

  6         2.  That the borrower understands that the credit life

  7  coverage may be deferred if, at the time of application, the

  8  borrower is unable to engage in employment or unable to

  9  perform normal activities of a person of like age and sex, if

10  the proposed credit life insurance policy contains this

11  restriction.

12         3.  That the borrower understands that the benefits

13  under the policy will terminate when the borrower reaches a

14  certain age and that the borrower's age is accurately

15  represented on the application or policy.

16

17  Notwithstanding the required disclosures set forth in this

18  paragraph, if the sale of credit life insurance is solicited

19  or consummated telephonically, the creditor or agent shall

20  provide the foregoing disclosures to the borrower within 30

21  days after the date the coverage takes effect. The borrower

22  shall be notified that he or she has 30 days from the date the

23  disclosures are received to rescind the credit life insurance

24  coverage.

25         Section 4.  Section 635.042, Florida Statutes, is

26  amended to read:

27         635.042  Minimum surplus requirement Limitation on

28  outstanding liability.--

29         (1)  A mortgage guaranty insurer must have and maintain

30  a minimum surplus of not less than the greater of $4 million

31  or 10 percent of the insurer's total outstanding liabilities

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    Florida House of Representatives - 2000                HB 2295

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  1  other than the required contingency reserve. No insurer shall

  2  be required under this subsection to have a surplus as to

  3  policyholders greater than $100 million.

  4         (2)  A mortgage guaranty insurer shall also possess

  5  sufficient capital and surplus so that the total outstanding

  6  aggregate exposure net of reinsurance under mortgage guaranty

  7  policies written by the insurer does not exceed 25 times its

  8  paid-in capital, surplus, and contingency reserve combined.

  9  The audited financial reports required pursuant to s.

10  624.424(8) shall disclose the total aggregate exposure net of

11  reinsurance under mortgage guaranty policies written by the

12  insurer.

13         (3)  If a mortgage guaranty insurer is not in

14  compliance with this section, the department may take any

15  action against such insurer that the department may take

16  against an insurer that is not in compliance with s. 624.408.

17  No mortgage guaranty insurer may at any time have outstanding

18  a total liability net of reinsurance, under its aggregate

19  mortgage guaranty insurance policies, exceeding 25 times its

20  paid-in capital, surplus, and contingency reserve combined.

21         Section 5.  This act shall take effect July 1, 2000.

22

23            *****************************************

24                          HOUSE SUMMARY

25
      Revises minimum surplus requirements for mortgage
26    guaranty insurers, revises limits on total liability and
      exposure to losses for such insurers, requires audited
27    financial reports to include specified information, and
      authorizes the Department of Insurance to take
28    enforcement actions against noncomplying mortgage
      guaranty insurers. Authorizes individuals and entities
29    holding a credit life or disability insurance license to
      sell credit insurance. Modifies the requirements for
30    licensure. Requires certain disclosures to be made within
      a specified time upon the sale of credit life insurance.
31    Allows a borrower a specified time from the date of such
      disclosure to rescind coverage.
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