HB 0639CS

CHAMBER ACTION




1The Committee on Insurance recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to insurance guaranty associations;
7amending ss. 631.54 and 631.904, F.S.; revising the
8definition of covered claim; excluding certain claims
9rejected by another state's guaranty fund under certain
10circumstances; denying member insurers any right to
11indemnification or contribution sought through third
12parties; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
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16     Section 1.  Subsection (3) of section 631.54, Florida
17Statutes, is amended to read:
18     631.54  Definitions.--As used in this part:
19     (3)  "Covered claim" means an unpaid claim, including one
20of unearned premiums, which arises out of, and is within the
21coverage, and not in excess of, the applicable limits of an
22insurance policy to which this part applies, issued by an
23insurer, if such insurer becomes an insolvent insurer after
24October 1, 1970, and the claimant or insured is a resident of
25this state at the time of the insured event or the property from
26which the claim arises is permanently located in this state.
27"Covered claim" shall not include:
28     (a)  Any amount due any reinsurer, insurer, insurance pool,
29or underwriting association, sought directly or indirectly
30through a third party, as subrogation, contribution,
31indemnification, or otherwise; or
32     (b)  Any claim that would otherwise be a covered claim
33under this part that has been rejected by any other state
34guaranty fund on the grounds that an insured's net worth is
35greater than that allowed under that state's guaranty law.
36Member insurers shall have no right of subrogation,
37contribution, indemnification, or otherwise, sought directly or
38indirectly through a third party, against the insured of any
39insolvent member.
40     Section 2.  Subsection (2) of section 631.904, Florida
41Statutes, is amended to read:
42     631.904  Definitions.--As used in this part, the term:
43     (2)  "Covered claim" means an unpaid claim, including a
44claim for return of unearned premiums, which arises out of, is
45within the coverage of, and is not in excess of the applicable
46limits of, an insurance policy to which this part applies, which
47policy was issued by an insurer and which claim is made on
48behalf of a claimant or insured who was a resident of this state
49at the time of the injury. The term "covered claim" does not
50include any amount sought as a return of premium under any
51retrospective rating plan; any amount due any reinsurer,
52insurer, insurance pool, or underwriting association, as
53subrogation recoveries or otherwise; any claim that would
54otherwise be a covered claim that has been rejected by any other
55state guaranty fund on the grounds that the insured's net worth
56is greater than that allowed under that state's guaranty fund or
57liquidation law; or any return of premium resulting from a
58policy that was not in force on the date of the final order of
59liquidation. Member insurers have no right of subrogation
60against the insured of any insolvent insurer. This provision
61shall be applied retroactively to cover claims of an insolvent
62self-insurance fund resulting from accidents or losses incurred
63prior to January 1, 1994, regardless of the date the petition in
64circuit court was filed alleging insolvency and the date the
65court entered an order appointing a receiver.
66     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.