Senate Bill 0834c1

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    Florida Senate - 2000                            CS for SB 834

    By the Committee on Banking and Insurance; and Senator Horne





    311-1858-00

  1                      A bill to be entitled

  2         An act relating to mortgage guaranty insurance;

  3         amending ss. 624.408, 635.042, F.S.; revising

  4         minimum surplus requirements for mortgage

  5         guaranty insurers; revising limits on total

  6         liability and exposure to losses for such

  7         insurers; requiring audited financial reports

  8         required pursuant to s. 624.424(8) to include

  9         certain information; authorizing the Department

10         of Insurance to take certain actions against a

11         mortgage guaranty insurer that is not in

12         compliance; providing an effective date.

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

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16         Section 1.  Section 624.408, Florida Statutes, is

17  amended to read:

18         624.408  Surplus as to policyholders required; new and

19  existing insurers.--

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

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

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

23  shall at all times maintain surplus as to policyholders not

24  less than the greater of:

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

26  (b), $1.5 million;

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

28  liabilities;

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

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

31  liabilities relative to health insurance; or

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    Florida Senate - 2000                            CS for SB 834
    311-1858-00




  1         4.  For all insurers other than mortgage guaranty

  2  insurers, life insurers, and life and health insurers, 10

  3  percent of the insurer's total liabilities.

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

  5         (b)  For any property and casualty insurer holding a

  6  certificate of authority on December 1, 1993, the following

  7  amounts apply instead of the $4 million required by

  8  subparagraph (a)5.:

  9         1.  On December 31, 1998, and until December 30, 1999,

10  $2.25 million.

11         2.  On December 31, 1999, and until December 30, 2000,

12  $2.5 million.

13         3.  On December 31, 2000, and until December 30, 2001,

14  $2.75 million.

15         4.  On December 31, 2001, and until December 30, 2002,

16  $3 million.

17         5.  On December 31, 2002, and until December 30, 2003,

18  $3.25 million.

19         6.  On December 31, 2003, and until December 30, 2004,

20  $3.6 million.

21         7.  On December 31, 2004, and thereafter, $4 million.

22         (2)  For purposes of this section, liabilities shall

23  not include liabilities required under s. 625.041(4). For

24  purposes of computing minimum surplus as to policyholders

25  pursuant to s. 625.305(1), liabilities shall include

26  liabilities required under s. 625.041(4).

27         (3)  No insurer shall be required under this section to

28  have surplus as to policyholders greater than $100 million.

29         (4)  Mortgage guaranty insurers shall have and maintain

30  a minimum surplus as required by s. 635.042.

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    Florida Senate - 2000                            CS for SB 834
    311-1858-00




  1         Section 2.  Section 635.042, Florida Statutes, is

  2  amended to read:

  3         635.042  Minimum surplus requirement Limitation on

  4  outstanding liability.--

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

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

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

  8  other than the required contingency reserve. No insurer shall

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

10  policyholders greater than $100 million.

11         (2)  A mortgage guaranty insurer must also possess

12  sufficient capital and surplus so that the total outstanding

13  aggregate exposure net of reinsurance under mortgage guaranty

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

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

16  The audited financial reports required pursuant to s.

17  624.424(8) must disclose the total aggregate exposure net of

18  reinsurance under mortgage guaranty policies written by the

19  insurer.

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

21  compliance with this section, the department may take any

22  action against such insurer that the department may take

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

24  No mortgage guaranty insurer may at any time have outstanding

25  a total liability net of reinsurance, under its aggregate

26  mortgage guaranty insurance policies, exceeding 25 times its

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

28         Section 3.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                            CS for SB 834
    311-1858-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 834

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  4  1.    Revises the minimum surplus requirement for mortgage
          guaranty insurers by providing that the insurer's
  5        contingency reserve would not be considered as a
          liability, for purposes of requiring surplus to be 10
  6        percent of liabilities.

  7  2.    Clarifies current law by requiring mortgage guaranty
          insurers to have sufficient capital and surplus so that
  8        their total outstanding exposure of their written
          policies does not exceed 25 times its paid-in-capital,
  9        surplus and contingency reserve combined.

10  3.    Requires mortgage guaranty insurers to file their
          outstanding exposure in their audited financial report.
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    4.    Authorizes the Department of Insurance to take
12        administrative action against a mortgage guaranty
          insurer if the insurer is not in compliance with these
13        requirements.

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