Senate Bill sb2420

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    Florida Senate - 2002                                  SB 2420

    By Senator Lawson





    3-1667-02

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.4555, F.S.; eliminating an exception from

  4         certain secondary notice requirements; creating

  5         s. 627.4587, F.S.; providing for notice of

  6         certain information when premium payments reach

  7         certain levels; creating s. 627.4588, F.S.;

  8         providing procedures relating to claims

  9         payment; creating s. 627.523, F.S.; providing

10         for notice of certain information when premium

11         payments reach certain levels; creating s.

12         627.524, F.S.; providing procedures relating to

13         claims payment; creating s. 627.525, F.S.;

14         prohibiting delivery or issuance of industrial

15         life insurance policies after a certain date;

16         providing for an effective date.

17

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

19

20         Section 1.  Section 627.4555, Florida Statutes, is

21  amended to read:

22         627.4555  Secondary notice.--Except as provided in this

23  section, a contract for life insurance issued or issued for

24  delivery in this state on or after October 1, 1997, covering a

25  natural person 64 years of age or older, which has been in

26  force for at least 1 year, may not be lapsed for nonpayment of

27  premium unless, after expiration of the grace period, and at

28  least 21 days before the effective date of any such lapse, the

29  insurer has mailed a notification of the impending lapse in

30  coverage to the policyowner and to a specified secondary

31  addressee if such addressee has been designated in writing by

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    Florida Senate - 2002                                  SB 2420
    3-1667-02




  1  name and address by the policyowner.  An insurer issuing a

  2  life insurance contract on or after October 1, 1997, shall

  3  notify the applicant of the right to designate a secondary

  4  addressee at the time of application for the policy, on a form

  5  provided by the insurer, and at any time the policy is in

  6  force, by submitting a written notice to the insurer

  7  containing the name and address of the secondary addressee.

  8  For purposes of any life insurance policy that provides a

  9  grace period of more than 51 days for nonpayment of premiums,

10  the notice of impending lapse in coverage required by this

11  section must be mailed to the policyowner and the secondary

12  addressee at least 21 days before the expiration of the grace

13  period provided in the policy. This section does not apply to

14  any life insurance contract issued before July 1, 2002, under

15  which premiums are payable monthly or more frequently and are

16  regularly collected by a licensed agent or are paid by credit

17  card or any preauthorized check processing or automatic debit

18  service of a financial institution.

19         Section 2.  Section 627.4587, Florida Statutes, is

20  created to read:

21         627.4587  Required notice.--Each insurer that has in

22  force in this state a policy of life insurance with a face

23  amount of $15,000 or less must:

24         (1)  On the policy anniversary date when the cumulative

25  premiums paid equals or exceeds 250 percent of the face amount

26  of the policy, send notice indicating that fact and:

27         (a)  Informing the policyholder or premium payor of the

28  amount of premium paid to date, the current cash value, the

29  amount of any outstanding loans, any applicable surrender

30  charges, and the death benefits payable; or

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    Florida Senate - 2002                                  SB 2420
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  1         (b)  Notifying the policyholder or premium payor of a

  2  toll-free telephone number where he or she may obtain this

  3  information. If a policyholder or premium payor requests the

  4  information, the insurer must provide a written reply within

  5  60 days.

  6         (2)  On the policy anniversary date when the cumulative

  7  premiums paid equals or exceeds 500 percent of the face amount

  8  of the policy, send notice indicating that fact and:

  9         (a)  Informing the policyholder or premium payor of the

10  amount of premium paid to date, current cash value, amount of

11  any outstanding loans, any applicable surrender charges, and

12  the death benefits payable; or

13         (b)  Notifying the policyholder or premium payor of a

14  toll-free telephone number where he or she may obtain this

15  information. If a policyholder or premium payor requests the

16  information, the insurer must provide a written reply within

17  60 days.

18         Section 3.  Section 627.4588, Florida Statutes, is

19  created to read:

20         627.4588  Claim-payment procedures.--

21         (1)  A life insurer shall adopt a written

22  claim-processing standard and methodology to process claims

23  being presented against a life insurance or accidental death

24  or dismemberment policy. The insurer shall perform an

25  electronic or manual search of its records when a claim is

26  filed to determine whether there is any other life insurance

27  policy that may provide other benefits due to the death of the

28  named insured, any endowment of an existing policy, or any

29  accidental death and dismemberment policy that provides

30  additional death benefits. The search must cover the period

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    Florida Senate - 2002                                  SB 2420
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  1  beginning 3 years before the recorded date of birth and ending

  2  3 years after that date of birth and must include a search by:

  3         (a)  First and last name;

  4         (b)  First, middle, and last name;

  5         (c)  First name, middle initial, and last name;

  6         (d)  First initial, middle name, and last name;

  7         (e)  First and middle initial and last name;

  8         (f)  Social Security number, if available; and

  9         (g)  Any other identifiable number established for

10  identification purposes by the company.

11         (2)  The life insurer, as part of its claim-processing

12  standard and methodology, shall also inquire, on every claim

13  form required to be filed by it, about other names by which

14  the insured may have been known, such as maiden name,

15  hyphenated name, nickname, derivative form of first or middle

16  name, or an alias. If the filer of the claim form includes

17  such additional information, the insurer must include that

18  information as part of its search for additional policies. The

19  insurer may acquire the required information by an addendum

20  attached to the claim form. However, within 1 year after the

21  effective date of this section, the information required must

22  be made a part of the claim form. Claim records shall be

23  maintained which demonstrate that the insurer has followed

24  these processing and methodology procedures.

25         Section 4.  Section 627.523, Florida Statutes, is

26  created to read:

27         627.523  Notice requirements.--Each insurer that has in

28  force in this state a policy of industrial life must, on the

29  policy anniversary date, send to each policyholder or premium

30  payor a notice of the total amount of premiums paid, the cash

31  value, the amount of any outstanding loans, any applicable

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    Florida Senate - 2002                                  SB 2420
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  1  surrender charge, and the death benefits payable. Notice shall

  2  again be sent on the policy anniversary date when the

  3  cumulative premiums paid exceed 250 percent of the face amount

  4  of the policy and again on the policy anniversary date when

  5  the cumulative premiums paid exceed 500 percent of the face

  6  amount of the policy. Each notice must contain a toll-free

  7  telephone number that the policyholder or premium payor may

  8  call for information regarding the notice.

  9         Section 5.  Section 627.524, Florida Statutes, is

10  created to read:

11         627.524  Claim payment procedures.--

12         (1)  A life insurer shall adopt a written

13  claim-processing standard and methodology to process claims

14  being presented against a life insurance or accidental death

15  or dismemberment policy. The insurer shall perform an

16  electronic or manual search of its records when a claim is

17  filed to determine whether there are any other life insurance

18  policies that may provide other benefits due to the death of

19  the named insured, any endowment of an existing policy, or any

20  accidental death and dismemberment policy that provides

21  additional death benefits. The search must cover the period

22  beginning 3 years before the recorded date of birth and ending

23  3 years after that date of birth, and must include a search

24  by:

25         (a)  First and last name;

26         (b)  First, middle, and last name;

27         (c)  First name, middle initial, and last name;

28         (d)  First initial, middle name, and last name;

29         (e)  First and middle initial and last name;

30         (f)  Social Security number, if available; and

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    Florida Senate - 2002                                  SB 2420
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  1         (g)  Any other identifiable number established for

  2  identification purposes by the company.

  3         (2)  The life insurer, as part of its claim-processing

  4  standard and methodology, shall also inquire, on every claim

  5  form required to be filed by it about other names by which the

  6  insured may have been known, such as maiden name, hyphenated

  7  name, nickname, derivative form of first or middle name or an

  8  alias. If the filer of the claim form includes such additional

  9  information on the claim form, the insurer must include that

10  information as part of its search for additional policies. The

11  insurer may acquire the required information by an addendum

12  attached to the claim form. However, 1 year after the

13  effective date of this section, the required information must

14  be made a part of the claim form. Claim records shall be

15  maintained which demonstrate that the insurer has followed

16  these processing and methodology procedures.

17         Section 6.  Section 627.525, Florida Statutes, is

18  created to read:

19         627.525  Industrial life insurance

20  prohibited.--Industrial life insurance policies may not be

21  delivered or issued in this state on or after July 1, 2002.

22         Section 7.  This act shall take effect July 1, 2002.

23

24            *****************************************

25                          SENATE SUMMARY

26    Revises provisions relating to insurance policies.
      Exempts certain policies from certain secondary notice
27    requirements. Requires insurers to provide notice to
      policyholders relating to certain policy accruals and
28    provisions on specified dates. Requires certain
      claims-processing procedures to be established. Prohibits
29    industrial life insurance. (See bill for details.)

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