Senate Bill sb2522

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    Florida Senate - 2006                                  SB 2522

    By Senator Posey





    24-1421-06

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         624.605, F.S.; including insurance against the

  4         risk of loss which is assumed by a creditor

  5         under a debt-cancellation agreement or

  6         debt-suspension agreement within the definition

  7         of the term "casualty insurance"; amending s.

  8         627.553, F.S.; revising the limitation on the

  9         amount of debtor life insurance which may be

10         placed on a debtor in a debtor group; amending

11         s. 627.679, F.S.; revising the limitation on

12         the amount of credit life insurance which may

13         be placed on a debtor; amending ss. 627.351 and

14         766.314, F.S., relating to insurance risk

15         apportionment plans and assessments; conforming

16         cross-references; providing an effective date.

17  

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

19  

20         Section 1.  Present paragraph (q) of subsection (1) of

21  section 624.605, Florida Statutes, is redesignated as

22  paragraph (r), and a new paragraph (q) is added to that

23  subsection, to read:

24         624.605  "Casualty insurance" defined.--

25         (1)  "Casualty insurance" includes:

26         (q)  Debt-cancellation agreement and debt-suspension

27  agreement; contractual liability insurance.--Insurance against

28  the risk of financial loss from specified contractual events

29  which are assumed by a creditor under a debt-cancellation

30  agreement or debt-suspension agreement.

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    Florida Senate - 2006                                  SB 2522
    24-1421-06




 1         Section 2.  Subsection (3) of section 627.553, Florida

 2  Statutes, is amended to read:

 3         627.553  Debtor groups.--The lives of a group of

 4  individuals may be insured under a policy issued to a creditor

 5  or its parent holding company, or to a trustee or trustees or

 6  agent designated by two or more creditors, which creditor,

 7  holding company, affiliate, trustee or trustees, or agent

 8  shall be deemed the policyholder, to insure debtors of the

 9  creditor or creditors, subject to the following requirements:

10         (3)  The amount of insurance on the life of any debtor

11  shall at no time exceed the amount owed by her or him which is

12  repayable in installments to the creditor or $50,000,

13  whichever is less, except that loans not exceeding 1 year's

14  duration shall not be subject to such limits. However, on such

15  loans not exceeding 1 year's duration, the limit of coverage

16  shall not exceed $50,000 with any one insurer.

17         Section 3.  Paragraph (b) of subsection (1) of section

18  627.679, Florida Statutes, is amended to read:

19         627.679  Amount of insurance; disclosure.--

20         (1)

21         (b)  The total amount of credit life insurance on the

22  life of any debtor with respect to any loan or loans covered

23  in one or more insurance policies shall at no time exceed the

24  amount of the indebtedness. $50,000 with any one creditor,

25  except that loans not exceeding 1 year's duration shall not be

26  subject to such limits, and on such loans not exceeding 1

27  year's duration, the limits of coverage shall not exceed

28  $50,000 with any one insurer.

29         Section 4.  Paragraph (b) of subsection (4) of section

30  627.351, Florida Statutes, is amended to read:

31         627.351  Insurance risk apportionment plans.--

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    Florida Senate - 2006                                  SB 2522
    24-1421-06




 1         (4)  MEDICAL MALPRACTICE RISK APPORTIONMENT.--

 2         (b)  Entities licensed to issue casualty insurance as

 3  defined in s. 624.605(1)(b), (k), and (r) (q) and

 4  self-insurers authorized to issue medical malpractice

 5  insurance under s. 627.357 shall participate in the plan and

 6  shall be members of the Joint Underwriting Association.

 7         Section 5.  Paragraph (c) of subsection (5) of section

 8  766.314, Florida Statutes, is amended to read:

 9         766.314  Assessments; plan of operation.--

10         (5)

11         (c)1.  Taking into account the assessments collected

12  pursuant to subsection (4) and appropriations from the

13  Insurance Regulatory Trust Fund, if required to maintain the

14  plan on an actuarially sound basis, the Office of Insurance

15  Regulation shall require each entity licensed to issue

16  casualty insurance as defined in s. 624.605(1)(b), (k), and

17  (r) (q) to pay into the association an annual assessment in an

18  amount determined by the office pursuant to paragraph (7)(a),

19  in the manner required by the plan of operation.

20         2.  All annual assessments shall be made on the basis

21  of net direct premiums written for the business activity which

22  forms the basis for each such entity's inclusion as a funding

23  source for the plan in the state during the prior year ending

24  December 31, as reported to the Office of Insurance

25  Regulation, and shall be in the proportion that the net direct

26  premiums written by each carrier on account of the business

27  activity forming the basis for its inclusion in the plan bears

28  to the aggregate net direct premiums for all such business

29  activity written in this state by all such entities.

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    Florida Senate - 2006                                  SB 2522
    24-1421-06




 1         3.  No entity listed in this paragraph shall be

 2  individually liable for an annual assessment in excess of 0.25

 3  percent of that entity's net direct premiums written.

 4         4.  Casualty insurance carriers shall be entitled to

 5  recover their initial and annual assessments through a

 6  surcharge on future policies, a rate increase applicable

 7  prospectively, or a combination of the two.

 8         Section 6.  This act shall take effect effect July 1,

 9  2006.

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12                          SENATE SUMMARY

13    Limits the amount of debtor insurance that may be placed
      on a debtor in a debtor group and limits the amount of
14    credit life insurance that may be placed on a debtor.
      Provides a definition. (See bill for details.)
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