1 | A bill to be entitled |
2 | An act relating to residential property insurance; |
3 | amending s. 215.555, F.S.; revising provisions relating to |
4 | calculation of an insurer's retention for purposes of |
5 | reimbursement from the Florida Hurricane Catastrophe Fund; |
6 | amending s. 627.4133, F.S.; prohibiting insurers from |
7 | canceling or nonrenewing residential property insurance |
8 | policies under certain emergency circumstances; providing |
9 | exceptions; providing notice requirements; providing |
10 | application to personal residential and commercial |
11 | residential policies covering certain damaged property; |
12 | extending the effective date of certain policies under |
13 | certain hurricane circumstances; authorizing the insurer |
14 | to collect premium for the extended period; providing |
15 | nonapplication; amending s. 627.4143, F.S.; requiring |
16 | private passenger motor vehicle insurance policies to |
17 | contain an outline of coverage; prohibiting delivery or |
18 | issuance of basic homeowner's, mobile home owner's, |
19 | condominium unit owner's, and dwelling policies without a |
20 | comprehensive checklist and outline of coverage; |
21 | specifying checklist and outline of coverage contents; |
22 | requiring the checklist and outline of coverage to be sent |
23 | with each renewal of personal lines residential insurance |
24 | policies; specifying application of the checklist and |
25 | outline of coverage to basic homeowner's, mobile home |
26 | owner's, condominium unit owner's, and dwelling policies; |
27 | amending s. 627.701, F.S.; revising a limitation on a |
28 | deductible amount attributable to hurricane or wind |
29 | losses; providing for computation and display of the |
30 | dollar value of hurricane deductibles; requiring insurers |
31 | to compute and display actual dollar values of certain |
32 | riders for certain policies; providing additional notice |
33 | requirements for certain deductible amounts; requiring |
34 | insurers to notify applicants or policyholders of the |
35 | availability and amounts of certain discounts, credits, |
36 | rate differentials, or reductions in deductibles for |
37 | properties on which certain fixtures have been installed |
38 | or construction techniques have been implemented; |
39 | requiring insurers to provide qualifying information; |
40 | authorizing the Financial Services Commission to adopt |
41 | rules; providing for application of hurricane deductibles |
42 | for certain personal lines residential property insurance |
43 | policies; requiring insurers to offer commercial |
44 | residential property insurance policyholders certain |
45 | alternative hurricane deductibles; providing effective |
46 | dates. |
47 |
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48 | Be It Enacted by the Legislature of the State of Florida: |
49 |
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50 | Section 1. Paragraph (e) of subsection (2) of section |
51 | 215.555, Florida Statutes, is amended to read: |
52 | 215.555 Florida Hurricane Catastrophe Fund.-- |
53 | (2) DEFINITIONS.--As used in this section: |
54 | (e) "Retention" means the amount of losses below which an |
55 | insurer is not entitled to reimbursement from the fund. An |
56 | insurer's retention shall be calculated as follows: |
57 | 1. The board shall calculate and report to each insurer |
58 | the retention multiples for that year. For the contract year |
59 | beginning June 1, 2005 2004, the retention multiple shall be |
60 | equal to $4 $4.5 billion divided by the total estimated |
61 | reimbursement premium for the contract year; for subsequent |
62 | years, the retention multiple shall be equal to $4 $4.5 billion, |
63 | adjusted based upon the reported exposure from the prior |
64 | contract year to reflect the percentage growth in exposure to |
65 | the fund for covered policies since 2004 2003, divided by the |
66 | total estimated reimbursement premium for the contract year. |
67 | Total reimbursement premium for purposes of the calculation |
68 | under this subparagraph shall be estimated using the assumption |
69 | that all insurers have selected the 90-percent coverage level. |
70 | 2. The retention multiple as determined under subparagraph |
71 | 1. shall be adjusted to reflect the coverage level elected by |
72 | the insurer. For insurers electing the 90-percent coverage |
73 | level, the adjusted retention multiple is 100 percent of the |
74 | amount determined under subparagraph 1. For insurers electing |
75 | the 75-percent coverage level, the retention multiple is 120 |
76 | percent of the amount determined under subparagraph 1. For |
77 | insurers electing the 45-percent coverage level, the adjusted |
78 | retention multiple is 200 percent of the amount determined under |
79 | subparagraph 1. |
80 | 3. An insurer shall determine its provisional retention by |
81 | multiplying its provisional reimbursement premium by the |
82 | applicable adjusted retention multiple and shall determine its |
83 | actual retention by multiplying its actual reimbursement premium |
84 | by the applicable adjusted retention multiple. |
85 | 4. For insurers who experience multiple covered events |
86 | causing loss during the contract year, beginning June 1, 2005, |
87 | each insurer's full retention shall be applied to the two |
88 | largest losses from the covered events for that insurer. For all |
89 | other covered events resulting in losses, the insurer's |
90 | retention shall be reduced to one-third of the full retention. |
91 | The reimbursement contract shall provide for the reimbursement |
92 | of losses for each covered event based on the full retention |
93 | with adjustments made to reflect the reduced retentions after |
94 | January 1 of the contract year provided the insurer reports its |
95 | losses as specified in the reimbursement contract. |
96 | Section 2. Paragraphs (d) and (e) are added to subsection |
97 | (2) of section 627.4133, Florida Statutes, to read: |
98 | 627.4133 Notice of cancellation, nonrenewal, or renewal |
99 | premium.-- |
100 | (2) With respect to any personal lines or commercial |
101 | residential property insurance policy, including, but not |
102 | limited to, any homeowner's, mobile home owner's, farmowner's, |
103 | condominium association, condominium unit owner's, apartment |
104 | building, or other policy covering a residential structure or |
105 | its contents: |
106 | (d)1. Upon a declaration of an emergency pursuant to s. |
107 | 252.36 and the filing of an order by the Commissioner of |
108 | Insurance Regulation, an insurer may not cancel or nonrenew a |
109 | personal residential or commercial residential property |
110 | insurance policy covering a dwelling or residential property |
111 | located in this state that has been damaged as a result of a |
112 | hurricane or wind loss that is the subject of the declaration of |
113 | emergency for a period of 90 days after the dwelling or |
114 | residential property has been repaired. A structure is deemed to |
115 | be repaired when substantially completed and restored to the |
116 | extent that it is insurable by another authorized insurer that |
117 | is writing policies in this state. |
118 | 2. However, an insurer or agent may cancel or nonrenew |
119 | such a policy prior to the repair of the dwelling or residential |
120 | property: |
121 | a. Upon 10 days' notice for nonpayment of premium; or |
122 | b. Upon 45 days' notice: |
123 | (I) For a material misstatement or fraud related to the |
124 | claim; |
125 | (II) If the insurer can demonstrate that the insured has |
126 | unreasonably caused a delay in the repair of the dwelling; or |
127 | (III) If the insurer has paid policy limits. |
128 | 3. If the insurer elects to nonrenew a policy covering a |
129 | property that has been damaged, the insurer shall provide at |
130 | least 90 days' notice to the insured that the insurer intends to |
131 | nonrenew the policy 90 days after the dwelling or residential |
132 | property has been repaired. Nothing in this paragraph shall |
133 | prevent the insurer from canceling or nonrenewing the policy 90 |
134 | days after the repairs are complete for the same reasons the |
135 | insurer would otherwise have canceled or nonrenewed the policy |
136 | but for the limitations of subparagraph 1. The Financial |
137 | Services Commission may adopt rules, and the Commissioner of |
138 | Insurance Regulation may issue orders, necessary to implement |
139 | this paragraph. |
140 | 4. This paragraph shall also apply to personal residential |
141 | and commercial residential policies covering property that was |
142 | damaged as the result of Tropical Storm Bonnie, Hurricane |
143 | Charley, Hurricane Frances, Hurricane Ivan, or Hurricane Jeanne. |
144 | (e) If any cancellation or nonrenewal of a policy subject |
145 | to this subsection is to take effect during the duration of a |
146 | hurricane as defined in s. 627.4025(2)(c), the effective date of |
147 | such cancellation or nonrenewal is extended until the end of the |
148 | duration of such hurricane. The insurer may collect premium at |
149 | the prior rates or the rates then in effect for the period of |
150 | time for which coverage is extended. This paragraph does not |
151 | apply to any property with respect to which replacement coverage |
152 | has been obtained and which is in effect for a claim occurring |
153 | during the duration of the hurricane. |
154 | Section 3. Effective October 1, 2005, section 627.4143, |
155 | Florida Statutes, is amended to read: |
156 | 627.4143 Outline of coverage.-- |
157 | (1) No private passenger automobile or basic homeowner's |
158 | policy shall be delivered or issued for delivery in this state |
159 | unless an appropriate outline of coverage has been delivered |
160 | prior to issuance of the policy or accompanies the policy when |
161 | issued. |
162 | (2) The outline of coverage for a private passenger motor |
163 | vehicle insurance policy shall contain all of the following: |
164 | (a) A brief description of the principal benefits and |
165 | coverage provided in the policy, broken down by each class or |
166 | type of coverage provided under the policy for which a premium |
167 | is charged, and itemization of the applicable premium. |
168 | (b) A summary statement of the principal exclusions and |
169 | limitations or reductions contained in the policy by class or |
170 | type, including, but not limited to, deductibles, coinsurance, |
171 | and any other limitations or reductions. |
172 | (c) A summary statement of any renewal or cancellation |
173 | provisions. |
174 | (d) A description of the credit or surcharge plan that is |
175 | being applied. The description may display numerical or |
176 | alphabetical codes on the declarations page or premium notice to |
177 | enable the insured to determine the reason or reasons why her or |
178 | his policy is being surcharged or is receiving a credit. |
179 | (e) A list of any additional coverage provided through any |
180 | rider or endorsement which accompanies the policy. The list |
181 | shall contain a descriptive reference to each additional |
182 | coverage, rather than solely a reference to a form or code |
183 | number. |
184 | (f) For a private passenger motor vehicle insurance |
185 | policy, The extent of coverage provided to the insured in the |
186 | event of collision damage to a rental vehicle rented by the |
187 | insured. The proof-of-insurance card required by s. 316.646 must |
188 | also specify whether rental car coverage is provided, and may |
189 | refer to the outline of coverage as to the details or extent of |
190 | coverage. |
191 | (3) A basic homeowner's, mobile home owner's, condominium |
192 | unit owner's, or dwelling policy may not be delivered or issued |
193 | for delivery in this state unless a comprehensive checklist of |
194 | coverage, on a form adopted by the commission, and an |
195 | appropriate outline of coverage have been delivered prior to |
196 | issuance of the policy or accompanies the policy when issued. |
197 | The commission shall, by rule, adopt a form for the checklist |
198 | for each type of policy to which this subsection applies. Each |
199 | form shall indicate that it was adopted by the commission. |
200 | (a) The checklist must contain a list of the standard |
201 | provisions and elements that may typically be included in such |
202 | policies, whether or not they are included in the particular |
203 | policy being issued, in a format that allows the insurer to |
204 | place a check mark next to the provision's elements that are |
205 | included so the consumer can see what is included and what is |
206 | not included in the policy. As an alternative to checking the |
207 | boxes on the checklist, an insurer may delete the check boxes |
208 | from the form and replace them with text indicating whether the |
209 | provision's elements are included or not. Limits of liability |
210 | shall be listed for each item. The checklist must include, but |
211 | is not limited to, the following: |
212 | 1. Property coverage for the principal premises shown in |
213 | the declarations. |
214 | 2. Property coverage for other structures on the residence |
215 | premises. |
216 | 3. Whether the principal premises and other structures are |
217 | insured against the following perils: |
218 | a. Fire. |
219 | b. Lightning. |
220 | c. Explosion. |
221 | d. Hurricane loss. |
222 | e. Nonhurricane wind loss. |
223 | f. Collapse. |
224 | g. Mold. |
225 | h. Sinkhole loss. |
226 | i. Vandalism. |
227 | 4. Personal property coverage. |
228 | 5. Whether personal property is insured against the |
229 | following perils: |
230 | a. Fire. |
231 | b. Lightning. |
232 | c. Hurricane loss. |
233 | d. Nonhurricane wind loss. |
234 | e. Collapse. |
235 | f. Mold. |
236 | g. Sinkhole loss. |
237 | h. Theft. |
238 | 6. The following additional coverages: |
239 | a. Debris removal. |
240 | b. Loss assessment. |
241 | c. Additional living expenses. |
242 | 7. Personal liability coverage. |
243 | 8. Medical payments coverage. |
244 | 9. Discounts applied to the premium. |
245 | 10. Deductibles for loss due to hurricane and loss to |
246 | other perils. |
247 | 11. Building ordinance or law coverage. |
248 | 12. Replacement cost coverage. |
249 | 13. Actual cash value coverage. |
250 | (b) The forms shall allow insurers to place other |
251 | coverages on the checklists which may or may not be included in |
252 | the insurer's policies. |
253 | (c) The outline of coverage must contain: |
254 | 1. A brief description of the principal benefits and |
255 | coverage provided in the policy, itemized by each class or type |
256 | of coverage provided under the policy for which a premium is |
257 | charged, and itemization of the applicable premium. |
258 | 2. A summary statement of the principal exclusions and |
259 | limitations or reductions contained in the policy by class or |
260 | type, including, but not limited to, deductibles, coinsurance, |
261 | and any other limitations or reductions. |
262 | 3. A summary statement of any renewal or cancellation |
263 | provisions. |
264 | 4. A description of the credit or surcharge plan that is |
265 | being applied. The description may display numerical or |
266 | alphabetical codes on the declarations page or premium notice to |
267 | enable the insured to determine the reason or reasons why her or |
268 | his policy is being surcharged or is receiving a credit. |
269 | 5. A summary of any additional coverage provided through |
270 | any rider or endorsement that accompanies the policy. |
271 | (4)(3) The outline of coverage for a private passenger |
272 | motor vehicle policy is required only on the initial policy |
273 | issued by an insurer. The outline of coverage and the checklist |
274 | for a basic homeowner's, mobile home owner's, condominium unit |
275 | owner's, or dwelling policy are required on the initial policy |
276 | and each renewal thereof issued by an insurer. |
277 | (5)(4) An insurer must insert the following language on |
278 | the outline of coverage: |
279 |
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280 | "The following outline of coverage or checklist is for |
281 | informational purposes only. Florida law prohibits this outline |
282 | or checklist from changing any of the provisions of the |
283 | insurance contract which is the subject of this outline. Any |
284 | endorsement regarding changes in types of coverage, exclusions, |
285 | limitations, reductions, deductibles, coinsurance, renewal |
286 | provisions, cancellation provisions, surcharges, or credits will |
287 | be sent separately." |
288 |
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289 | (7)(5) Neither this section nor the outline of coverage or |
290 | checklist mandated by this section alters or modifies the terms |
291 | of the insurance contract, creates a cause of action, or is |
292 | admissible in any civil action. |
293 | Section 4. Paragraph (a) of subsection (3) and subsection |
294 | (4) of section 627.701, Florida Statutes, are amended to read: |
295 | 627.701 Liability of insureds; coinsurance; deductibles.-- |
296 | (3)(a) A policy of residential property insurance shall |
297 | include a deductible amount applicable to hurricane or wind |
298 | losses no lower than $500 and no higher than 2 percent of the |
299 | policy dwelling limits with respect to personal lines |
300 | residential risks, and no higher than 3 percent of the policy |
301 | limits with respect to commercial lines residential risks; |
302 | however, if a risk was covered on August 24, 1992, under a |
303 | policy having a higher deductible than the deductibles allowed |
304 | by this paragraph, a policy covering such risk may include a |
305 | deductible no higher than the deductible in effect on August 24, |
306 | 1992. Notwithstanding the other provisions of this paragraph, a |
307 | personal lines residential policy covering a risk valued at |
308 | $50,000 or less may include a deductible amount attributable to |
309 | hurricane or wind losses no lower than $250, and a personal |
310 | lines residential policy covering a risk valued at $100,000 or |
311 | more may include a deductible amount attributable to hurricane |
312 | or wind losses no higher than 10 5 percent of the policy limits |
313 | unless subject to a higher deductible on August 24, 1992; |
314 | however, no maximum deductible is required with respect to a |
315 | personal lines residential policy covering a risk valued at more |
316 | than $500,000. An insurer may require a higher deductible, |
317 | provided such deductible is the same as or similar to a |
318 | deductible program lawfully in effect on June 14, 1995. In |
319 | addition to the deductible amounts authorized by this paragraph, |
320 | an insurer may also offer policies with a copayment provision |
321 | under which, after exhaustion of the deductible, the |
322 | policyholder is responsible for 10 percent of the next $10,000 |
323 | of insured hurricane or wind losses. |
324 | (4)(a) Any policy that contains a separate hurricane |
325 | deductible must on its face include in boldfaced type no smaller |
326 | than 18 points the following statement: "THIS POLICY CONTAINS A |
327 | SEPARATE DEDUCTIBLE FOR HURRICANE LOSSES, WHICH MAY RESULT IN |
328 | HIGH OUT-OF-POCKET EXPENSES TO YOU." A policy containing a |
329 | coinsurance provision applicable to hurricane losses must on its |
330 | face include in boldfaced type no smaller than 18 points the |
331 | following statement: "THIS POLICY CONTAINS A CO-PAY PROVISION |
332 | THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." |
333 | (b) Beginning October 1, 2005, for any personal lines |
334 | residential property insurance policy containing a separate |
335 | hurricane deductible, the insurer shall compute and prominently |
336 | display the actual dollar value of the hurricane deductible on |
337 | the declarations page of the policy at issuance and, for |
338 | renewal, on the renewal declarations page of the policy or on |
339 | the premium renewal notice. |
340 | (c) Beginning October 1, 2005, for any personal lines |
341 | residential property insurance policy containing an inflation |
342 | guard rider, the insurer shall compute and prominently display |
343 | the actual dollar value of the hurricane deductible on the |
344 | declarations page of the policy at issuance and, for renewal, on |
345 | the renewal declarations page of the policy or on the premium |
346 | renewal notice. In addition, beginning October 1, 2005, for any |
347 | personal lines residential property insurance policy containing |
348 | an inflation guard rider, the insurer shall notify the |
349 | policyholder of the possibility that the hurricane deductible |
350 | may be higher than indicated when loss occurs due to application |
351 | of the inflation guard rider. Such notification shall be made on |
352 | the declarations page of the policy at issuance and, for |
353 | renewal, on the renewal declarations page of the policy or on |
354 | the premium renewal notice. |
355 | Section 5. Effective October 1, 2005, subsection (10) is |
356 | added to section 627.701, Florida Statutes, to read: |
357 | 627.701 Liability of insureds; coinsurance; deductibles.-- |
358 | (10) Using a form prescribed by the Office of Insurance |
359 | Regulation, the insurer shall clearly notify the applicant or |
360 | policyholder of any personal lines residential property |
361 | insurance policy, at the time of the issuance of the policy and |
362 | at each renewal, of the availability and the range of each |
363 | premium discount, credit, other rate differential, or reduction |
364 | in deductibles for properties on which fixtures or construction |
365 | techniques demonstrated to reduce the amount of loss in a |
366 | windstorm can or have been installed or implemented. The |
367 | prescribed form shall describe generally what actions the |
368 | policyholders may be able to take to reduce their windstorm |
369 | premium. The prescribed form and a list of such ranges approved |
370 | by the office for each insurer licensed in the state and |
371 | providing such discounts, credits, other rate differentials, or |
372 | reductions in deductibles for properties described in this |
373 | subsection shall be available for electronic viewing and |
374 | download from the Department of Financial Services' or the |
375 | Office of Insurance Regulation's Internet website. The Financial |
376 | Services Commission may adopt rules to implement this |
377 | subsection. |
378 | Section 6. Subsection (5) of section 627.701, Florida |
379 | Statutes, as created by section 4 of chapter 2004-480, Laws of |
380 | Florida, is amended to read: |
381 | 627.701 Liability of insureds; coinsurance; deductibles.-- |
382 | (5)(a) The hurricane deductible of any personal lines |
383 | residential property insurance policy issued or renewed on or |
384 | after May 1, 2005, shall be applied as follows: |
385 | 1.(a) The hurricane deductible shall apply on an annual |
386 | basis to all covered hurricane losses that occur during the |
387 | calendar year for losses that are covered under one or more |
388 | policies issued by the same insurer or an insurer in the same |
389 | insurer group. |
390 | 2.(b) If a hurricane deductible applies separately to each |
391 | of one or more structures insured under a single policy, the |
392 | requirements of this paragraph subsection apply with respect to |
393 | the deductible for each structure. |
394 | 3.(c) If there was a hurricane loss for a prior hurricane |
395 | or hurricanes during the calendar year, the insurer may apply a |
396 | deductible to a subsequent hurricane which deductible that is |
397 | the greater of the remaining amount of the hurricane deductible |
398 | or the amount of the deductible that applies to perils other |
399 | than a hurricane. Insurers may require policyholders to report |
400 | hurricane losses that are below the hurricane deductible or to |
401 | maintain receipts or other records of such hurricane losses in |
402 | order to apply such losses to subsequent hurricane claims. |
403 | 4.(d) If there are hurricane losses in a calendar year on |
404 | more than one policy issued by the same insurer or an insurer in |
405 | the same insurer group, the hurricane deductible shall be the |
406 | highest amount stated in any one of the policies. If a |
407 | policyholder who had a hurricane loss under the prior policy is |
408 | provided or offered a lower hurricane deductible under the new |
409 | or renewal policy, the insurer must notify the policyholder, in |
410 | writing, at the time the lower hurricane deductible is provided |
411 | or offered, that the lower hurricane deductible will not apply |
412 | until January 1 of the following calendar year. |
413 | (b) For any commercial residential property insurance |
414 | policy issued or renewed on or after January 1, 2006, the |
415 | insurer must offer the policyholder one of the following |
416 | alternative hurricane deductibles: |
417 | 1. A hurricane deductible that applies on an annual basis |
418 | as provided in paragraph (a). |
419 | 2. A hurricane deductible that applies to each hurricane. |
420 | Section 7. Except as otherwise provided herein, this act |
421 | shall take effect upon becoming a law. |