Senate Bill sb0938c1

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    Florida Senate - 2001                            CS for SB 938

    By the Committee on Banking and Insurance; and Senator Peaden





    311-1499A-01

  1                      A bill to be entitled

  2         An act relating to credit insurance; amending

  3         s. 626.321, F.S.; authorizing the issuance of

  4         credit life insurance licenses to lending or

  5         financial institutions and authorizing such

  6         licensees to sell credit insurance; deleting

  7         certain license requirements for institutions

  8         with multiple offices; amending s. 627.679,

  9         F.S.; requiring certain disclosures to credit

10         life insurance purchasers regarding the

11         cancellation of such coverage; providing an

12         effective date.

13

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

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16         Section 1.  Paragraph (e) of subsection (1) of section

17  626.321, Florida Statutes, is amended to read:

18         626.321  Limited licenses.--

19         (1)  The department shall issue to a qualified

20  individual, or a qualified individual or entity under

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

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

23  categories:

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

25  covering only credit life or disability insurance. The license

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

27  health insurer as an officer or other salaried or commissioned

28  representative, or to an individual employed by or associated

29  with a lending or financing institution or creditor, or to a

30  lending or financial institution, and may authorize the sale

31  of such insurance only with respect to borrowers or debtors of

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    Florida Senate - 2001                            CS for SB 938
    311-1499A-01




  1  such lending or financing institution or creditor.  However,

  2  only the individual or entity whose tax identification number

  3  is used in receiving or is credited with receiving the

  4  commission from the sale of such insurance shall be the

  5  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), if the entity is regulated by the Department of

17  Banking and Finance, the Office of the Comptroller of the

18  Currency, the Office of Thrift Supervision, or the Securities

19  and Exchange Commission.

20         2.  Is required to obtain a license for each office,

21  branch office, or place of business making use of the entity's

22  business name by applying to the department for the license on

23  a simplified form developed by rule of the department for this

24  purpose.

25         3.  Is not required to pay any additional application

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

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

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

29  626.112, and pay the prescribed appointment fee under s.

30  624.501. The license obtained under this paragraph shall be

31  posted at the business location for which it was issued so as

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    Florida Senate - 2001                            CS for SB 938
    311-1499A-01




  1  to be readily visible to prospective purchasers of such

  2  coverage.

  3         Section 2.  Subsection (1) of section 627.679, Florida

  4  Statutes, is amended to read:

  5         627.679  Amount of insurance; disclosure.--

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

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

  8  the total of the payments of the specific contracts of

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

10  indebtedness is repayable in substantially equal installments

11  or in one installment or a single payment.

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

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

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

15  $50,000 with any one creditor, except that loans not exceeding

16  1 year's duration shall not be subject to such limits, and on

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

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

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

20  creditor agent or agent shall obtain a separate written

21  acknowledgment with respect to each of the following:

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

23  the option of assigning any other policy or policies the

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

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

26  creditor agent in order to obtain the loan.

27         2.  That the borrower understands that the credit life

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

29  borrower is unable to engage in employment or unable to

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

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    Florida Senate - 2001                            CS for SB 938
    311-1499A-01




  1  the proposed credit life insurance policy contains this

  2  restriction.

  3         3.  That the borrower understands that the benefits

  4  under the policy will terminate when the borrower reaches a

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

  6  represented on the application or policy.

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  8  In lieu of the required written acknowledgments set forth in

  9  this paragraph and s. 626.9551(2)(a), if the sale of credit

10  life insurance is solicited or consummated telephonically, the

11  creditor agent or agent shall provide written disclosures of

12  such options to the borrower within 30 days from the date the

13  coverage takes effect. The borrower must be notified that he

14  or she has 30 days from the date the disclosures are received

15  to rescind the credit life insurance coverage.

16         Section 3.  This act shall take effect July 1, 2001.

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18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                              SB 938

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21  Restores current law which requires licensure and appointment
    fees for branch offices of business entities.
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    Revises disclosures for borrowers who purchase credit life
23  insurance via telephone.

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