Senate Bill sb0366c1

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    Florida Senate - 2004                            CS for SB 366

    By the Committee on Banking and Insurance; and Senator Fasano





    311-1320-04

  1                      A bill to be entitled

  2         An act relating to residential property

  3         insurance; amending s. 627.4133, F.S.;

  4         increasing the time period when an insurer must

  5         give notice before nonrenewing, canceling, or

  6         terminating a residential property insurance

  7         policy; providing an effective date;

  8  

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

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11         Section 1.  Subsection (2) of section 627.4133, Florida

12  Statutes, is amended to read:

13         627.4133  Notice of cancellation, nonrenewal, or

14  renewal premium.--

15         (2)  With respect to any personal lines or commercial

16  residential property insurance policy, including, but not

17  limited to, any homeowner's, mobile home owner's, farmowner's,

18  condominium association, condominium unit owner's, apartment

19  building, or other policy covering a residential structure or

20  its contents:

21         (a)  The insurer shall give the named insured at least

22  45 days' advance written notice of the renewal premium.

23         (b)  The insurer shall give the named insured written

24  notice of nonrenewal, cancellation, or termination at least

25  180 90 days prior to the effective date of the nonrenewal,

26  cancellation, or termination. The notice must include the

27  reason or reasons for the nonrenewal, cancellation, or

28  termination, except that:

29         1.  When cancellation is for nonpayment of premium, at

30  least 10 days' written notice of cancellation accompanied by

31  the reason therefor shall be given.

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    Florida Senate - 2004                            CS for SB 366
    311-1320-04




 1         2.  When such cancellation or termination occurs during

 2  the first 90 days during which the insurance is in force and

 3  the insurance is canceled or terminated for reasons other than

 4  nonpayment of premium, at least 20 days' written notice of

 5  cancellation or termination accompanied by the reason therefor

 6  shall be given except where there has been a material

 7  misstatement or misrepresentation or failure to comply with

 8  the underwriting requirements established by the insurer.

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10  After the policy has been in effect for 90 days, the policy

11  shall not be canceled by the insurer except when there has

12  been a material misstatement, a nonpayment of premium, a

13  failure to comply with underwriting requirements established

14  by the insurer within 90 days of the date of effectuation of

15  coverage, or a substantial change in the risk covered by the

16  policy or when the cancellation is for all insureds under such

17  policies for a given class of insureds. This paragraph does

18  not apply to individually rated risks having a policy term of

19  less than 90 days.

20         (c)  If the insurer fails to provide the notice

21  required by this subsection, other than the 10-day notice, the

22  coverage provided to the named insured shall remain in effect

23  until the effective date of replacement coverage or until the

24  expiration of a period of days after the notice is given equal

25  to the required notice period, whichever occurs first. The

26  premium for the coverage shall remain the same during any such

27  extension period except that, in the event of failure to

28  provide notice of nonrenewal, if the rate filing then in

29  effect would have resulted in a premium reduction, the premium

30  during such extension shall be calculated based on the later

31  rate filing.

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    Florida Senate - 2004                            CS for SB 366
    311-1320-04




 1         Section 2.  This act shall take effect January 1, 2005,

 2  and apply to policies issued or renewed on or after that date.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 366

 6                                 

 7  Replaces the provisions of the bill with an amendment to s.
    627.4133, F.S., that increases the notice period from 90 days
 8  to 180 days for an insurer to notify the named insured of
    cancellation, nonrenewal, or termination of a residential
 9  insurance policy, subject to certain exceptions.

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