Senate Bill sb1868

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    Florida Senate - 2001                                  SB 1868

    By Senator Latvala





    19-1218-01

  1                      A bill to be entitled

  2         An act relating to insurance; transferring and

  3         renumbering s. 624.4435, F.S., relating to

  4         assets of insurers and reporting requirements;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Section 624.4435, Florida Statutes, is

10  transferred and renumbered as section 624.4091, Florida

11  Statutes, to read:

12         624.4091 624.4435  Assets of insurers; reporting

13  requirements.--

14         (1)  As used in this section, the term:

15         (a)  "Material acquisition of assets" or "material

16  disposition of assets" means one or more transactions

17  occurring during any 30-day period which are nonrecurring and

18  not in the ordinary course of business and involve more than 5

19  percent of the reporting insurer's total admitted assets as

20  reported in its most recent statutory statement filed with the

21  insurance department of the insurer's state of domicile.

22         (b)  "Material nonrenewal, cancellation, or revision of

23  a ceded reinsurance agreement" is one that affects:

24         1.  With respect to property and casualty business,

25  including accident and health business written by a property

26  and casualty insurer:

27         a.  More than 50 percent of the insurer's total ceded

28  written premium; or

29         b.  More than 50 percent of the insurer's total ceded

30  indemnity and loss adjustment reserves.

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    Florida Senate - 2001                                  SB 1868
    19-1218-01




  1         2.  With respect to life, annuity, and accident and

  2  health business, more than 50 percent of the total reserve

  3  credit taken for business ceded, on an annualized basis, as

  4  indicated in the insurer's most recent annual statement.

  5         3.  With respect to property and casualty business or

  6  life, annuity, and accident and health business, a material

  7  revision includes:

  8         a.  The replacement of an authorized reinsurer

  9  representing more than 10 percent of a total cession by one or

10  more unauthorized reinsurers; or

11         b.  The reduction or waiver, with respect to one or

12  more unauthorized insurers, of previously established

13  collateral requirements representing more than 10 percent of a

14  total cession.

15         (2)  Each domestic insurer shall file a report with the

16  Department of Insurance disclosing a material acquisition of

17  assets, a material disposition of assets, or a material

18  nonrenewal, cancellation, or revision of a ceded reinsurance

19  agreement, unless the material acquisition or disposition of

20  assets or the material nonrenewal, cancellation, or revision

21  of a ceded reinsurance agreement has been submitted to the

22  department for review, approval, or informational purposes

23  under another section of the Florida Insurance Code or a rule

24  adopted thereunder. A copy of the report and each exhibit or

25  other attachment must be filed by the insurer with the

26  National Association of Insurance Commissioners. The report

27  required in this section is due within 15 days after the end

28  of the calendar month in which the transaction occurs.

29         (3)  An immaterial acquisition or disposition of assets

30  need not be reported under this section.

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    Florida Senate - 2001                                  SB 1868
    19-1218-01




  1         (4)(a)  Acquisitions of assets which are subject to

  2  this section include each purchase, lease, exchange, merger,

  3  consolidation, succession, or other acquisition of assets.

  4  Asset acquisitions for the construction or development of real

  5  property by or for the reporting insurer and the acquisition

  6  of construction materials for this purpose are not subject to

  7  this section.

  8         (b)  Dispositions of assets which are subject to this

  9  section include each sale, lease, exchange, merger,

10  consolidation, mortgage, hypothecation, assignment for the

11  benefit of a creditor or otherwise, abandonment, destruction,

12  or other disposition of assets.

13         (5)(a)  The following information must be disclosed in

14  any report of a material acquisition or disposition of assets:

15         1.  The date of the transaction;

16         2.  The manner of acquisition or disposition;

17         3.  The description of the assets involved;

18         4.  The nature and amount of the consideration given or

19  received;

20         5.  The purpose of, or reason for, the transaction;

21         6.  The manner by which the amount of consideration was

22  determined;

23         7.  The gain or loss recognized or realized as a result

24  of the transaction; and

25         8.  The name of the person from whom the assets were

26  acquired or to whom they were disposed.

27         (b)  Insurers must report material acquisitions or

28  dispositions on a nonconsolidated basis unless the insurer is

29  part of a consolidated group of insurers which uses a pooling

30  arrangement or a 100-percent reinsurance agreement that

31  affects the solvency and integrity of the insurer's reserves

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    Florida Senate - 2001                                  SB 1868
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  1  and the insurer has ceded substantially all of its direct and

  2  assumed business to the pool. An insurer is deemed to have

  3  ceded substantially all of its direct and assumed business to

  4  a pool if the insurer has less than $1 million in total direct

  5  and assumed written premiums during a calendar year which are

  6  not subject to a pooling arrangement and if the net income of

  7  the business which is not subject to the pooling arrangement

  8  represents less than 5 percent of the insurer's capital and

  9  surplus.

10         (6)  The nonrenewal, cancellation, or revision of a

11  ceded reinsurance agreement need not be reported if the

12  renewal or the revision is not material or if:

13         (a)  With respect to property and casualty business,

14  including accident and health business written by a property

15  and casualty insurer, the insurer's total ceded written

16  premium represents, on an annualized basis, less than 10

17  percent of its total written premium for direct and assumed

18  business; or

19         (b)  With respect to life, annuity, and accident and

20  health business, the total reserve credit taken for business

21  ceded represents, on an annualized basis, less than 10 percent

22  of the statutory reserve requirement before the cession.

23         (7)(a)  The following information must be disclosed in

24  any report of a material nonrenewal, cancellation, or revision

25  of a ceded reinsurance agreement:

26         1.  The effective date of the nonrenewal, cancellation,

27  or revision;

28         2.  The description of the transaction and the

29  identification of the initiator of the transaction;

30         3.  The purpose of, or reason for, the transaction; and

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    Florida Senate - 2001                                  SB 1868
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  1         4.  If applicable, the identity of each replacement

  2  reinsurer.

  3         (b)  Insurers shall report the material nonrenewal,

  4  cancellation, or revision of a ceded reinsurance agreement on

  5  a nonconsolidated basis unless the insurer is part of a

  6  consolidated group of insurers which uses a pooling

  7  arrangement or a 100-percent reinsurance agreement that

  8  affects the solvency and integrity of the insurer's reserves

  9  and the insurer has ceded substantially all of its direct and

10  assumed business to the pool. An insurer is deemed to have

11  ceded substantially all of its direct and assumed business to

12  a pool if the insurer has less than $1 million in total direct

13  and assumed written premiums during a calendar year which are

14  not subject to a pooling arrangement and if the net income of

15  the business not subject to the pooling arrangement represents

16  less than 5 percent of the insurer's capital and surplus.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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20            *****************************************

21                          SENATE SUMMARY

22    Redesignates s. 624.4435, F.S., relating to assets of
      insurers and reporting requirements, as s. 624.4091, F.S.
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