Senate Bill sb1926e1

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    CS for SB 1926                                 First Engrossed



  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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    CS for SB 1926                                 First Engrossed



 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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    CS for SB 1926                                 First Engrossed



 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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    CS for SB 1926                                 First Engrossed



 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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