HB 0097

1
A bill to be entitled
2An act relating to motor vehicle service agreement
3companies; amending s. 634.041, F.S.; providing an
4exception to a prohibition against service agreement
5companies using certain reserves and contractual liability
6insurance simultaneously; authorizing service agreement
7companies maintaining certain net assets to use certain
8reserves and certain contractual liability coverage
9insurance simultaneously; providing a requirement;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsection (9) of section 634.041, Florida
15Statutes, is amended to read:
16     634.041  Qualifications for license.--To qualify for and
17hold a license to issue service agreements in this state, a
18service agreement company must be in compliance with this part,
19with applicable rules of the commission, with related sections
20of the Florida Insurance Code, and with its charter powers and
21must comply with the following:
22     (9)(a)  In meeting the requirements of this part, except as
23provided in paragraph (b), a service agreement company may not
24utilize both the 50-percent reserve and contractual liability
25insurance simultaneously. However, a company may have
26contractual liability coverage on service agreements previously
27sold and sell new service agreements covered by the 50-percent
28reserve, and the converse of this is also allowed. A service
29agreement company must be able to distinguish how each
30individual service agreement is covered.
31     (b)  A service agreement company that maintains net assets
32of at least $5 million may use simultaneously the 50-percent
33reserve and the contractual liability coverage for specific
34blocks of new service agreements produced by specific
35salespersons. A service agreement company must be able to
36distinguish how each individual service agreement is covered.
37     Section 2.  This act shall take effect July 1, 2005.


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