Senate Bill sb2196c1

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    Florida Senate - 2004                           CS for SB 2196

    By the Committee on Banking and Insurance; and Senator Geller





    311-2243-04

  1                      A bill to be entitled

  2         An act relating to insurance payments from

  3         escrow accounts; amending s. 501.137, F.S.;

  4         requiring an insurer to reinstate, under

  5         certain circumstances, an insurance policy that

  6         is cancelled due to failure of the lender to

  7         pay a premium for which sufficient escrow funds

  8         are on deposit; requiring that the lender

  9         reimburse the property owner for any penalties

10         or fees paid for purposes of reinstating the

11         policy; requiring the lender to pay the

12         increased cost of insurance premiums for a

13         specified period of time under certain

14         conditions; amending s. 627.4133, F.S.;

15         requiring property insurers to reinstate a

16         canceled policy as required by s. 501.137,

17         F.S.; providing an effective date.

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

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21         Section 1.  Section 501.137, Florida Statutes, is

22  amended to read:

23         501.137  Mortgage lenders; tax and insurance payments

24  from escrow accounts; duties.--

25         (1)  Every lender of money, whether a natural person or

26  an artificial entity, whose loans are secured by a mortgage on

27  real estate located within the state and who receives funds

28  incidental thereto or in connection therewith for the payment

29  of property taxes or hazard insurance premiums when the such

30  funds are held in escrow by or on behalf of the lender, shall

31  promptly pay the such taxes or insurance premiums when the

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    Florida Senate - 2004                           CS for SB 2196
    311-2243-04




 1  such taxes or premiums become due and adequate escrow funds

 2  are deposited, so that the maximum tax discount available may

 3  be obtained with regard to the taxable property and so that

 4  insurance coverage on the property does not lapse.

 5         (2)  If an escrow account for the such taxes or

 6  insurance premiums is deficient, the lender shall notify the

 7  property owner within 15 days after the lender receives the

 8  notification of taxes due from the county tax collector or

 9  receives the notification from the insurer that a premium is

10  due.

11         (3)(a)  If the lender, as a result of neglect, fails to

12  pay any tax or insurance premium when the tax or premium is

13  due and there are sufficient escrow funds on deposit to pay

14  the tax or premium, and if the property owner suffers a loss

15  as a result of this such failure, then the lender is will be

16  liable for the such loss; except, however, that with respect

17  to any loss that which would otherwise have been insured, the

18  extent of the such liability shall not exceed the coverage

19  limits of any insurance policy that which has lapsed.

20         (b)  If the premium payment is not more than 90 days

21  overdue, the insurer shall reinstate the insurance policy,

22  retroactive to the date of cancellation, and the lender shall

23  reimburse the property owner for any penalty or fees imposed

24  by the insurer and paid by the property owner for purposes of

25  reinstating the policy.

26         (c)  If the premium payment is more than 90 days

27  overdue or if the insurer refuses to reinstate the insurance

28  policy, the lender shall pay, for a period of 2 years, the

29  difference between the cost of the previous insurance policy

30  and a new, comparable insurance policy.

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    Florida Senate - 2004                           CS for SB 2196
    311-2243-04




 1         (4)  At the expiration of the annual accounting period,

 2  the lender shall issue to the property owner an annual

 3  statement of the escrow account.

 4         Section 2.  Subsection (4) is added to section

 5  627.4133, Florida Statutes, to read:

 6         627.4133  Notice of cancellation, nonrenewal, or

 7  renewal premium.--

 8         (4)  An insurer that cancels a property insurance

 9  policy on property secured by a mortgage due to the failure of

10  the lender to timely pay the premium when due shall reinstate

11  the policy as required by s. 501.137.

12         Section 3.  This act shall take effect July 1, 2004.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2196

16                                 

17  Amends s. 627.4133, F.S., to require an insurer that cancels a
    property insurance policy on property secured by a mortgage
18  due to the failure of the lender to timely pay the premium,
    shall reinstate the policy as required by s. 501.137, F.S.
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