Senate Bill sb1926
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    Florida Senate - 2004                                  SB 1926
    By Senator Atwater
    25-1104A-04
  1                      A bill to be entitled
  2         An act relating to workers' compensation;
  3         creating s. 624.4315, F.S.; requiring workers'
  4         compensation insurers to notify the Office of
  5         Insurance Regulation of significant
  6         underwriting changes; amending s. 627.171,
  7         F.S.; providing that the 10-percent limit on
  8         the percentage of commercial insurance policies
  9         that an insurer may write at a rate in excess
10         of the applicable filed rate excludes workers'
11         compensation policies written for an employer
12         in lieu of coverage from the joint underwriting
13         plan established under s. 627.311(5), F.S.;
14         amending s. 627.211, F.S.; revising the
15         standards used by the Office of Insurance
16         Regulation in approving or disapproving an
17         insurer's deviation from the approved workers'
18         compensation rate filing; requiring the Office
19         of Insurance Regulation to submit an annual
20         report to the Legislature which evaluates
21         competition in the workers' compensation
22         insurance market; providing an effective date.
23  
24  Be It Enacted by the Legislature of the State of Florida:
25  
26         Section 1.  Section 624.4315, Florida Statutes, is
27  created to read:
28         624.4315  Workers' compensation insurers; notice of
29  significant underwriting change.--Each workers' compensation
30  insurer shall notify the office in writing or by electronic
31  means of a significant underwriting change that materially
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    Florida Senate - 2004                                  SB 1926
    25-1104A-04
 1  limits or restricts the number of workers' compensation
 2  policies or premiums written in this state. The commission may
 3  adopt rules to administer this requirement.
 4         Section 2.  Section 627.171, Florida Statutes, is
 5  amended to read:
 6         627.171  Excess rates.--
 7         (1)  With written consent of the insured signed prior
 8  to the policy inception date and filed with the insurer, the
 9  insurer may use a rate in excess of the otherwise applicable
10  filed rate on any specific risk.  The signed consent form must
11  include the filed rate as well as the excess rate for the risk
12  insured, and a copy of the form must be maintained by the
13  insurer for 3 years and be available for review by the office.
14         (2)  An insurer may not use excess rates pursuant to
15  this section for more than 10 percent of its commercial
16  insurance policies written or renewed in each calendar year
17  for any line of commercial insurance or for more than 5
18  percent of its personal lines insurance policies written or
19  renewed in each calendar year for any line of personal
20  insurance. In determing the 10-percent limitation for
21  commercial insurance policies, the insurer shall exclude any
22  workers' compensation policy that was written for an employer
23  who had coverage in the joint underwriting plan created by s.
24  627.311(5) immediately prior to the writing of the policy by
25  the insurer and any workers' compensation policy that was
26  written for an employer who had been offered coverage in the
27  joint underwriting plan but who was written a policy by the
28  insurer in lieu of accepting the joint underwriting plan
29  policy. These workers' compensation policies shall be excluded
30  from the 10-percent limitation for the first 3 years of
31  coverage.
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    Florida Senate - 2004                                  SB 1926
    25-1104A-04
 1         Section 3.  Subsection (3) of section 627.211, Florida
 2  Statutes, is amended, and subsection (6) is added to that
 3  section, to read:
 4         627.211  Deviations; workers' compensation and
 5  employer's liability insurances.--
 6         (3)  In considering an application for the deviation,
 7  the office shall give consideration to the applicable
 8  principles for ratemaking as set forth in ss. 627.062 and
 9  627.072 and, the financial condition of the insurer, and the
10  impact of the deviation on the current market conditions
11  including the composition of the market, the stability of
12  rates, and the level of competition in the market.  In
13  evaluating the financial condition of the insurer, the office
14  may consider: (1) the insurer's audited financial statements
15  and whether the statements provide unqualified opinions or
16  contain significant qualifications or "subject to" provisions;
17  (2) any independent or other actuarial certification of loss
18  reserves; (3) whether workers' compensation and employer's
19  liability reserves are above the midpoint or best estimate of
20  the actuary's reserve range estimate; (4) the adequacy of the
21  proposed rate;  (5) historical experience demonstrating the
22  profitability of the insurer;  (6) the existence of excess or
23  other reinsurance that contains a sufficiently low attachment
24  point and maximums that provide adequate protection to the
25  insurer; and (7) other factors considered relevant to the
26  financial condition of the insurer by the office. The office
27  shall approve the deviation if it finds it to be justified, it
28  would not endanger the financial condition of the insurer, it
29  would not adversely affect the current market conditions
30  including the composition of the market, the stability of
31  rates, and the level of competition in the market, and it that
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    Florida Senate - 2004                                  SB 1926
    25-1104A-04
 1  the deviation would not constitute predatory pricing.  The
 2  office It shall disapprove the deviation if it finds that the
 3  resulting premiums would be excessive, inadequate, or unfairly
 4  discriminatory, would endanger the financial condition of the
 5  insurer, or would adversely affect current market conditions
 6  including the composition of the marketplace, the stability of
 7  rates, and the level of competition in the market, or would
 8  result in predatory pricing.  The insurer may not use a
 9  deviation unless the deviation is specifically approved by the
10  office.
11         (6)  The office shall submit an annual report to the
12  President of the Senate and the Speaker of the House of
13  Representatives by January 1 of each year which evaluates
14  competition in the workers' compensation insurance market in
15  this state. The report must contain an analysis of the
16  availability and affordability of workers' compensation
17  coverage and whether the current market structure, conduct,
18  and performance are conducive to competition, based upon
19  economic analysis and tests. The purpose of this report is to
20  aid the Legislature in determining whether changes to the
21  workers' compensation rating laws are warranted. The report
22  must also document that the office has complied with the
23  provisions of s. 627.096 which require the office to
24  investigate and study all workers' compensation insurers in
25  the state and to study the data, statistics, schedules, or
26  other information as it finds necessary to assist in its
27  review of workers' compensation rate filings.
28         Section 4.  This act shall take effect July 1, 2004.
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    Florida Senate - 2004                                  SB 1926
    25-1104A-04
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 2                          SENATE SUMMARY
 3    Requires insurers to notify the Office of Insurance
      Regulation of significant changes in underwriting
 4    standards for workers' compensation insurance. Authorizes
      an insurer to exclude certain policies from the
 5    limitation imposed on the number of commercial insurance
      policies that the insurer may write in excess of the
 6    filed rate. Revises the standards used by the Office of
      Insurance Regulation in its review of an insurer's
 7    deviation from the approved rate. Requires the office to
      submit an annual report to the Legislature.
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