Senate Bill sb2428c1

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    Florida Senate - 2003                           CS for SB 2428

    By the Committee on Banking and Insurance; and Senator Atwater





    311-2521-03

  1                      A bill to be entitled

  2         An act relating to insurance claims and premium

  3         payments; amending s. 627.4035, F.S.; providing

  4         for the payment of insurance premiums by a

  5         debit or credit card, automatic electronic

  6         funds transfer, or payroll deduction plan;

  7         amending s. 627.7015, F.S.; defining "claim"

  8         for purposes of alternative procedures for

  9         resolution of disputed property insurance

10         claims; amending s. 627.901, F.S.; revising the

11         limits on premium financing service charges;

12         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.  Subsection (1) of section 627.4035, Florida

17  Statutes, is amended to read:

18         627.4035  Cash payment of premiums; claims.--

19         (1)  The premiums for insurance contracts issued in

20  this state or covering risk located in this state shall be

21  paid in cash consisting of coins, currency, checks, or money

22  orders or by using a debit card, credit card, automatic

23  electronic funds transfer, or payroll deduction plan.

24         Section 2.  Subsection (9) is added to section

25  627.7015, Florida Statutes, to read:

26         627.7015  Alternative procedure for resolution of

27  disputed property insurance claims.--

28         (9)  For purposes of this section, the term "claim"

29  refers to any dispute between an insurer and an insured

30  relating to a material issue of fact other than a dispute:

31  

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    Florida Senate - 2003                           CS for SB 2428
    311-2521-03




 1         (a)  With respect to which the insurer has a reasonable

 2  basis to suspect fraud;

 3         (b)  Where, based on agreed-upon facts as to the cause

 4  of loss, there is no coverage under the policy;

 5         (c)  With respect to which the insurer has a reasonable

 6  basis to believe that the claimant has intentionally made a

 7  material misrepresentation of fact which is relevant to the

 8  claim, and the entire request for payment of a loss has been

 9  denied on the basis of the material misrepresentation; or

10         (d)  With respect to which the amount in controversy is

11  less than $500, unless the parties agree to mediate a dispute

12  involving a lesser amount.

13         Section 3.  Subsection (1) of section 627.901, Florida

14  Statutes, is amended to read:

15         627.901  Premium financing by an insurance agent or

16  agency.--

17         (1)  A general lines agent may make reasonable service

18  charges for financing insurance premiums on policies issued or

19  business produced by such an agent or agency, s. 626.9541

20  notwithstanding.  The service charge shall not exceed $3 $1

21  per installment, or a $6 total service charge per year, for

22  any premium balance of $120 or less.  For any premium balance

23  greater than $120 but not more than $220, the service charge

24  shall not exceed $9 per year.  The maximum service charge for

25  any premium balance greater than $220 shall not exceed $36 $12

26  per year.  In lieu of such service charges, an insurance agent

27  or agency, at the sole discretion of such agent or agency, may

28  charge a rate of interest not to exceed 18 percent simple

29  interest per year on:

30         (a)  The unpaid balance; or

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    Florida Senate - 2003                           CS for SB 2428
    311-2521-03




 1         (b)  The average unpaid balance as billed over the term

 2  of the policy and subject to endorsement changes. The interest

 3  authorized by this paragraph may be billed in equal

 4  installments.

 5         Section 4.  This act shall take effect upon becoming a

 6  law.

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 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 2428

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11  The committee substitute revises the limits on premium
    financing service charges by an insurer or agent.
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