Senate Bill sb2454c1

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    Florida Senate - 2004                           CS for SB 2454

    By the Committee on Banking and Insurance; and Senator
    Margolis




    311-2540-04

  1                      A bill to be entitled

  2         An act relating to the automobile insurance

  3         joint underwriting plan; amending s. 627.311,

  4         F.S.; allowing the automobile insurance joint

  5         underwriting plan to require additional proof

  6         from insureds regarding cancellation of

  7         coverage; allowing additional time for the

  8         investigation of claims against the plan;

  9         providing for expiration of the provision;

10         providing an effective date.

11  

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

13  

14         Section 1.  Effective July 1, 2004, and applicable to

15  cancellation requests and notices received on or after that

16  date, subsection (3) of section 627.311, Florida Statutes, is

17  amended to read:

18         627.311  Joint underwriters and joint reinsurers;

19  public records and public meetings exemptions.--

20         (3)  The office may, after consultation with insurers

21  licensed to write automobile insurance in this state, approve

22  a joint underwriting plan for purposes of equitable

23  apportionment or sharing among insurers of automobile

24  liability insurance and other motor vehicle insurance, as an

25  alternate to the plan required in s. 627.351(1). All insurers

26  authorized to write automobile insurance in this state shall

27  subscribe to the plan and participate therein. The plan shall

28  be subject to continuous review by the office which may at any

29  time disapprove the entire plan or any part thereof if it

30  determines that conditions have changed since prior approval

31  and that in view of the purposes of the plan changes are

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    Florida Senate - 2004                           CS for SB 2454
    311-2540-04




 1  warranted. Any disapproval by the office shall be subject to

 2  the provisions of chapter 120. The Florida Automobile Joint

 3  Underwriting Association is created under the plan. The plan

 4  and the association:

 5         (a)  Must be subject to all provisions of s.

 6  627.351(1), except apportionment of applicants.

 7         (b)  May provide for one or more designated insurers,

 8  able and willing to provide policy and claims service, to act

 9  on behalf of all other insurers to provide insurance for

10  applicants who are in good faith entitled to, but unable to,

11  procure insurance through the voluntary insurance market at

12  standard rates.

13         (c)  Must provide that designated insurers will issue

14  policies of insurance and provide policyholder and claims

15  service on behalf of all insurers for the joint underwriting

16  association.

17         (d)  Must provide for the equitable apportionment among

18  insurers of losses and expenses incurred.

19         (e)  Must provide that the joint underwriting

20  association will operate subject to the supervision and

21  approval of a board of governors consisting of 11 individuals,

22  including 1 who will be elected as chair. Five members of the

23  board must be appointed by the Chief Financial Officer. Two of

24  the Chief Financial Officer's appointees must be chosen from

25  the insurance industry. Any board member appointed by the

26  Chief Financial Officer may be removed and replaced by her or

27  him at any time without cause. Six members of the board must

28  be appointed by the participating insurers, two of whom must

29  be from the insurance agents' associations. All board members,

30  including the chair, must be appointed to serve for 2-year

31  terms beginning annually on a date designated by the plan.

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    Florida Senate - 2004                           CS for SB 2454
    311-2540-04




 1         (f)  Must provide that an agent appointed to a

 2  servicing carrier must be a licensed general lines agent of an

 3  insurer which is authorized to write automobile liability and

 4  physical damage insurance in the state and which is actively

 5  writing such coverage in the county in which the agent is

 6  located, or the immediately adjoining counties, or an agent

 7  who places a volume of other property and casualty insurance

 8  in an amount equal to the premium volume placed with the

 9  Florida Joint Underwriting Association. The office may,

10  however, determine that an agent may be appointed to a

11  servicing carrier if, after public hearing, the office finds

12  that consumers in the agent's operating area would not have

13  adequate and reasonable access to the purchase of automobile

14  insurance if the agent were not appointed to a servicing

15  carrier.

16         (g)  Must make available noncancelable coverage as

17  provided in s. 627.7275(2).

18         (h)  Must provide for the furnishing of a list of

19  insureds and their mailing addresses upon the request of a

20  member of the association or an insurance agent licensed to

21  place business with an association member. The list must

22  indicate whether the insured is currently receiving a good

23  driver discount from the association. The plan may charge a

24  reasonable fee to cover the cost incurred in providing the

25  list.

26         (i)  Must not provide a renewal credit or discount or

27  any other inducement designed to retain a risk.

28         (j)  Must not provide any other good driver credit or

29  discount that is not actuarially sound. In addition to other

30  criteria that the plan may specify, to be eligible for a good

31  driver credit, an insured must not have any criminal traffic

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    Florida Senate - 2004                           CS for SB 2454
    311-2540-04




 1  violations within the most recent 36-month period preceding

 2  the date the discount is received.

 3         (k)1.  Shall have no liability, and no cause of action

 4  of any nature shall arise against any member insurer or its

 5  agents or employees, agents or employees of the association,

 6  members of the board of governors of the association, the

 7  Chief Financial Officer, or the office or its representatives

 8  for any action taken by them in the performance of their

 9  duties or responsibilities under this subsection. Such

10  immunity does not apply to actions for or arising out of

11  breach of any contract or agreement pertaining to insurance,

12  or any willful tort.

13         2.  Notwithstanding the requirements of s.

14  624.155(3)(a), as a condition precedent to bringing an action

15  against the plan under s. 624.155, the department and the plan

16  must have been given 90 days' written notice of the violation.

17  If the department returns a notice for lack of specificity,

18  the 90-day time period shall not begin until a proper notice

19  is filed. This notice must comply with the information

20  requirements of s. 624.155(3)(b). Effective October 1, 2007,

21  this subparagraph shall expire unless reenacted by the

22  Legislature prior to that date.

23         (l)  May require from the insured proof that he or she

24  has obtained the mandatory types and amounts of insurance from

25  another admitted carrier prior to the cancellation of a policy

26  the insured obtained from the plan and prior to the return of

27  any unearned premium the insured paid for such coverage from

28  the plan. This paragraph does not apply to any person who

29  provides proof of sale or inoperability of the vehicle covered

30  under the policy purchased from the plan or relocation outside

31  the state.

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    Florida Senate - 2004                           CS for SB 2454
    311-2540-04




 1         Section 2.  This act shall take effect July 1, 2004.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 2454

 5                                 

 6  Provides that, as a condition to bringing a civil action
    against the Florida Automobile Joint Underwriting Association
 7  (FAJUA), a party must give the FAJUA and the Department of
    Financial Services, 90 days' written notice of the violation.
 8  
    Provides that the 90-day notice will expire effective October
 9  1, 2007, unless reenacted by the Legislature prior to that
    date.
10  
    Provides that the FAJUA may require from its insured proof
11  that he or she has obtained the mandatory types and amounts of
    coverage prior to the cancellation of the FAJUA policy and
12  prior to the return of any unearned premium. This provision
    does not apply if the insured provides proof of sale or
13  inoperability of his or her vehicle. Provides that this
    provision is effective July 1, 2004, and applicable to
14  cancellation requests and notices received on or after that
    date.
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    Removes the provision in the bill which prohibited a suit
16  against the FAJUA alleging a cause of action for "bad faith."

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