Senate Bill sb2414

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2414

    By Senator Garcia





    40-1381-05

  1                      A bill to be entitled

  2         An act relating to insurance; creating s.

  3         627.40951, F.S.; providing legislative findings

  4         and intent; providing for an advisory

  5         committee; providing for membership; providing

  6         authority for the Office of Insurance

  7         Regulation to require standard residential

  8         property insurance policies; amending s.

  9         627.4143, F.S.; requiring insurers to provide

10         personal lines property insurance policyholders

11         with a checklist of items contained in

12         policies; prescribing elements to be contained

13         in the checklist; requiring the checklist and

14         outline of insurance coverage to be sent with

15         each renewal; clarifying that homeowners'

16         insurance includes mobile homeowners',

17         dwelling, and condominium unit owners'

18         insurance for purposes of the outline of

19         coverage; amending s. 627.701, F.S.; requiring

20         insurers to provide written notice explaining

21         hurricane deductible options for residential

22         property insurance policies to policyholders;

23         providing an effective date.

24  

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

26  

27         Section 1.  Section 627.40951, Florida Statutes, is

28  created to read:

29         627.40951  Standard personal lines residential

30  insurance policy.--

31  

                                  1

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1         (1)  The Legislature finds that many consumers who

 2  filed property loss claims as a result of the hurricanes that

 3  struck this state in 2004 were inadequately insured due to the

 4  difficulty consumers encounter in trying to understand the

 5  complex nature of property insurance policies. The purpose and

 6  intent of this section is to have property and casualty

 7  insurers offer standard personal lines residential property

 8  insurance policies and standard checklists of policy contents,

 9  in accordance with s. 627.4143, to consumers and to ensure

10  that these policies and checklists are written in a simple

11  format with easily readable language that will enable most

12  consumers to understand the principal benefits and coverage

13  provided in the policy; the principal exclusions and

14  limitations or reductions contained in the policy, including,

15  but not limited to, deductibles, coinsurance, and any other

16  limitations or reductions; and any additional coverage

17  provided through any rider or endorsement that accompanies the

18  policy and renewal or cancellation provisions.

19         (2)  The Chief Financial Officer shall appoint an

20  advisory committee composed of two representatives of insurers

21  currently selling personal lines residential property

22  insurance coverage, two representatives of property and

23  casualty agents, two representatives of consumers, two

24  representatives of the Commissioner of Insurance Regulation,

25  and the Insurance Consumer Advocate or her or his designee.

26  The Chief Financial Officer or her or his designee shall serve

27  as chair of the committee. The committee shall develop policy

28  language for coverage that represents general industry

29  standards in the market for comprehensive coverage under

30  personal lines residential insurance policies and shall

31  develop a checklist to be used with each type of personal

                                  2

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  lines residential property insurance policy. The committee

 2  shall review policies and related forms written by Insurance

 3  Services Office, Inc. The committee shall file a report

 4  containing its recommendations to the office by January 1,

 5  2006.

 6         (3)  If the Commissioner of Insurance Regulation

 7  accepts the recommendations of the committee, the commissioner

 8  shall issue an order approving standard personal lines

 9  residential insurance policies and a checklist for each type

10  of personal lines residential insurance policy.

11         (4)  Within 12 months after the effective date of the

12  order, each insurer offering similar coverage shall offer the

13  standard plan in addition to other products it is authorized

14  to offer. This does not preclude insurers from underwriting

15  risks to determine eligibility of an applicant in accordance

16  with the insurer's underwriting guidelines.

17         (5)  After approval of the standard policies, the

18  commissioner may make modifications to a policy which he or

19  she finds appropriate as market conditions change and loss

20  experience is determined for standard policies that have been

21  issued. The commissioner may determine that modifications are

22  necessary if he or she finds that any of the standard policies

23  are providing coverage that is significantly different than

24  what the market has available. Modifications shall be made by

25  order of the commissioner.

26         (6)  The Financial Services Commission may adopt rules

27  to administer this section.

28         (7)  For purposes of this section, personal lines

29  residential property insurance includes homeowners', dwelling,

30  and condominium unit owners' insurance.

31  

                                  3

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1         Section 2.  Subsection 627.4143, Florida Statutes, is

 2  amended to read:

 3         627.4143  Outline of coverage.--

 4         (1)  No private passenger automobile or basic

 5  homeowner's policy shall be delivered or issued for delivery

 6  in this state unless an appropriate outline of coverage has

 7  been delivered prior to issuance of the policy or accompanies

 8  the policy when issued.

 9         (2)  The outline of coverage for a private passenger

10  motor vehicle insurance policy shall contain all of the

11  following:

12         (a)  A brief description of the principal benefits and

13  coverage provided in the policy, broken down by each class or

14  type of coverage provided under the policy for which a premium

15  is charged, and itemization of the applicable premium.

16         (b)  A summary statement of the principal exclusions

17  and limitations or reductions contained in the policy by class

18  or type, including, but not limited to, deductibles,

19  coinsurance, and any other limitations or reductions.

20         (c)  A summary statement of any renewal or cancellation

21  provisions.

22         (d)  A description of the credit or surcharge plan that

23  is being applied.  The description may display numerical or

24  alphabetical codes on the declarations page or premium notice

25  to enable the insured to determine the reason or reasons why

26  her or his policy is being surcharged or is receiving a

27  credit.

28         (e)  A list of any additional coverage provided through

29  any rider or endorsement which accompanies the policy.  The

30  list shall contain a descriptive reference to each additional

31  

                                  4

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  coverage, rather than solely a reference to a form or code

 2  number.

 3         (f)  For a private passenger motor vehicle insurance

 4  policy, The extent of coverage provided to the insured in the

 5  event of collision damage to a rental vehicle rented by the

 6  insured. The proof-of-insurance card required by s. 316.646

 7  must also specify whether rental car coverage is provided, and

 8  may refer to the outline of coverage as to the details or

 9  extent of coverage.

10         (3)  A basic homeowners' mobile homeowners', dwelling,

11  or condominium unit owners' policy may not be delivered or

12  issued for delivery in this state unless a checklist of

13  coverage and an appropriate outline of coverage has been

14  delivered prior to issuance of the policy or accompanies the

15  policy when issued. Insurers must use the checklists developed

16  pursuant to s. 627.40951.

17         (a)  The checklist must contain a list of the standard

18  provisions and elements that may typically be included in

19  these policies, whether or not they are included in the

20  particular policy being issued, in a format that allows the

21  insurer to place a check mark next to the provisions elements

22  that are included so that the consumer can see both what is

23  included and what is not included in the policy. Limits of

24  liability shall be listed for each item. The checklist must

25  include, but is not limited to, the following:

26         1.  Covered real property. Items for this category

27  shall be broader than simply listing "dwelling." It shall

28  include references to specific property in the category of

29  attached and unattached structures that may be covered in a

30  typical policy. It shall include references to whether

31  

                                  5

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  coverage for damaged property is based on replacement cost

 2  coverage or actual cash value coverage.

 3         2.  Primary exclusions from real property coverage

 4  shall be listed after the real property coverage items.

 5         3.  Personal property coverage.

 6         4.  Primary exclusions from personal property coverage

 7  items shall be listed after the personal property coverage.

 8         5.  Personal liability coverage.

 9         6.  Primary exclusions from personal liability coverage

10  shall be listed after the personal liability coverage items.

11         7.  Medical payments coverage.

12         8.  Primary discounts that are available.

13         9.  Hurricane deductibles that are available. The

14  notice to consumers set forth in s. 627.701(3)(c) shall be set

15  forth immediately following the list of deductibles.

16         10.  References to specific additional property

17  coverage that may be provided through any rider or

18  endorsement. This shall include building ordinance or law

19  coverage, personal injury endorsements, motor vehicle

20  endorsements, jewelry, furs, and communication property

21  endorsements, home business endorsements, and replacement cost

22  endorsement for contents.

23         11.  Covered perils.

24         12.  Excluded perils.

25         (b)  The outline of coverage must contain:

26         1.  A brief description of the principal benefits and

27  coverage provided in the policy, broken down by each class or

28  type of coverage provided under the policy for which a premium

29  is charged, and itemization of the applicable premium.

30         2.  A summary statement of the principal exclusions and

31  limitations or reductions contained in the policy by class or

                                  6

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  type, including, but not limited to, deductibles, coinsurance,

 2  and any other limitations or reductions.

 3         3.  A summary statement of any renewal or cancellation

 4  provisions.

 5         4.  A description of the credit or surcharge plan that

 6  is being applied. The description may display numerical or

 7  alphabetical codes on the declarations page or premium notice

 8  to enable the insured to determine the reason or reasons why

 9  her or his policy is being surcharged or is receiving a

10  credit.

11         5.  A summary of any additional coverage provided

12  through any rider or endorsement that accompanies the policy.

13         (4)(3)  The outline of coverage for a private passenger

14  motor vehicle policy is required only on the initial policy

15  issued by an insurer. The outline of coverage and the

16  checklist for a basic homeowners', mobile homeowners',

17  dwelling, or condominium unit owners' policy is required on

18  the initial policy and each renewal thereof issued by an

19  insurer.

20         (5)(4)  An insurer must insert the following language

21  on the outline of coverage:

22  

23  "The following outline of coverage  or checklist  is for

24  informational purposes only. Florida law prohibits this

25  outline  or checklist  from changing any of the provisions of

26  the insurance contract which is the subject of this outline.

27  Any endorsement regarding changes in types of coverage,

28  exclusions, limitations, reductions, deductibles, coinsurance,

29  renewal provisions, cancellation provisions, surcharges, or

30  credits will be sent separately."

31  

                                  7

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1         (6)(5)  Neither this section nor the outline of

 2  coverage or checklist mandated by this section alters or

 3  modifies the terms of the insurance contract, creates a cause

 4  of action, or is admissible in any civil action.

 5         Section 3.  Subsection (3) of section 627.701, Florida

 6  Statutes, as amended by section 4 of chapter 2004-480, Laws of

 7  Florida, is amended to read:

 8         627.701  Liability of insureds; coinsurance;

 9  deductibles.--

10         (3)(a)  A policy of residential property insurance

11  shall include a deductible amount applicable to hurricane or

12  wind losses no lower than $500 and no higher than 2 percent of

13  the policy dwelling limits with respect to personal lines

14  residential risks, and no higher than 3 percent of the policy

15  limits with respect to commercial lines residential risks;

16  however, if a risk was covered on August 24, 1992, under a

17  policy having a higher deductible than the deductibles allowed

18  by this paragraph, a policy covering such risk may include a

19  deductible no higher than the deductible in effect on August

20  24, 1992. Notwithstanding the other provisions of this

21  paragraph, a personal lines residential policy covering a risk

22  valued at $50,000 or less may include a deductible amount

23  attributable to hurricane or wind losses no lower than $250,

24  and a personal lines residential policy covering a risk valued

25  at $100,000 or more may include a deductible amount

26  attributable to hurricane or wind losses no higher than 5

27  percent of the policy limits unless subject to a higher

28  deductible on August 24, 1992; however, no maximum deductible

29  is required with respect to a personal lines residential

30  policy covering a risk valued at more than $500,000.  An

31  insurer may require a higher deductible, provided such

                                  8

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  deductible is the same as or similar to a deductible program

 2  lawfully in effect on June 14, 1995.  In addition to the

 3  deductible amounts authorized by this paragraph, an insurer

 4  may also offer policies with a copayment provision under

 5  which, after exhaustion of the deductible, the policyholder is

 6  responsible for 10 percent of the next $10,000 of insured

 7  hurricane or wind losses.

 8         (b)1.  Except as otherwise provided in this paragraph,

 9  prior to issuing a personal lines residential property

10  insurance policy on or after April 1, 1996, or prior to the

11  first renewal of a residential property insurance policy on or

12  after April 1, 1996, the insurer must offer alternative

13  deductible amounts applicable to hurricane or wind losses

14  equal to $500 and 2 percent of the policy dwelling limits,

15  unless the 2 percent deductible is less than $500. The written

16  notice of the offer shall specify the hurricane or wind

17  deductible to be applied in the event that the applicant or

18  policyholder fails to affirmatively choose a hurricane

19  deductible. The insurer must provide such policyholder with

20  notice of the availability of the deductible amounts specified

21  in this paragraph in a form approved by the office in

22  conjunction with each renewal of the policy. The failure to

23  provide such notice constitutes a violation of this code but

24  does not affect the coverage provided under the policy.

25         2.  This paragraph does not apply with respect to a

26  deductible program lawfully in effect on June 14, 1995, or to

27  any similar deductible program, if the deductible program

28  requires a minimum deductible amount of no less than 2 percent

29  of the policy limits.

30         3.  With respect to a policy covering a risk with

31  dwelling limits of at least $100,000, but less than $250,000,

                                  9

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  the insurer may, in lieu of offering a policy with a $500

 2  hurricane or wind deductible as required by subparagraph 1.,

 3  offer a policy that the insurer guarantees it will not

 4  nonrenew for reasons of reducing hurricane loss for one

 5  renewal period and that contains up to a 2 percent hurricane

 6  or wind deductible as required by subparagraph 1.

 7         4.  With respect to a policy covering a risk with

 8  dwelling limits of $250,000 or more, the insurer need not

 9  offer the $500 hurricane or wind deductible as required by

10  subparagraph 1., but must, except as otherwise provided in

11  this subsection, offer the 2 percent hurricane or wind

12  deductible as required by subparagraph 1.

13         (c)  Before issuing a personal lines residential

14  property insurance policy and before each renewal thereof, an

15  insurer must provide each policyholder and applicant with a

16  notice of the availability of the deductible amounts that

17  insurers are required to offer and any other deductible that

18  the insurer chooses to offer which is not prohibited by this

19  section. The notice shall be on a form approved by the office.

20  The form shall fully advise the policyholder or applicant of

21  the nature of the deductible, including the fact that higher

22  deductibles result in lower premiums but will also result in

23  higher out-of-pocket expenses to the policyholder in the event

24  of a hurricane damage claim. For each percentage deductible

25  available to the policyholder or applicant, the form shall

26  include the dollar amount of the deduction which will result

27  from application of the percentage deductible. The heading of

28  the form shall be in 12-point bold type and shall state: "You

29  are required by Florida law to choose a deductible that will

30  apply to any claims that you may have with your insurer as a

31  result of damage to your residence by a hurricane. This form

                                  10

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






    Florida Senate - 2005                                  SB 2414
    40-1381-05




 1  explains the deductible options that your insurer is required

 2  or permitted to offer to you. Please read carefully." If this

 3  form is signed by the named insured, it will be conclusively

 4  presumed that there was an informed, knowing selection of the

 5  amount of the deductible. Such notice shall provide for a

 6  means to allow the policyholder or applicant to select the

 7  deductible. The failure to provide such notice constitutes a

 8  violation of this code but does not affect the coverage

 9  provided under the policy.

10         (d)(c)  In order to provide for the transition from

11  wind deductibles to hurricane deductibles as required by this

12  subsection, an insurer is required to provide wind deductibles

13  meeting the requirements of this subsection until the

14  effective date of the insurer's first rate filing made after

15  January 1, 1997, and is thereafter required to provide

16  hurricane deductibles meeting the requirements of this

17  subsection.

18         Section 4.  This act shall take effect July 1, 2005.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Authorizes the Office of Insurance Regulation to require
      standard personal lines residential insurance policies
23    and specified information or checklists in the policies.
      Provides for an advisory committee to make
24    recommendations with respect to standard policies.
      Prescribes additional information that must be provided
25    with respect to hurricane deductibles. Deletes provisions
      relating to wind losses and deductibles.
26  

27  

28  

29  

30  

31  

                                  11

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