Senate Bill sb1730

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    Florida Senate - 2007                                  SB 1730

    By Senator Lawson





    6-1478-07

  1                      A bill to be entitled

  2         An act relating to title insurance rates;

  3         amending s. 627.783, F.S.; authorizing title

  4         insurers and rating organizations to petition

  5         the Office of Insurance Regulation for specific

  6         rate deviations or special coverage in addition

  7         to adopted premiums; providing procedures for

  8         the filing and review of petitions and related

  9         forms; requiring insurers and rating

10         organizations to establish and use rates,

11         rating schedules, or rating manuals that will

12         allow a reasonable rate of return on premiums

13         written in this state; requiring that insurers

14         file such rates, rating schedules, and rating

15         manuals with the office according to certain

16         procedures; requiring the office to issue a

17         notice of intent to approve or disapprove a

18         filing within a specified period after the

19         office receives the filing; providing that a

20         filing is deemed approved if the office does

21         not issue the required notice within a

22         specified period; requiring the office to state

23         its reasons for disapproval with specificity;

24         requiring the office to review a petition to

25         determine if it is excessive, inadequate, or

26         unfairly discriminatory; requiring the office

27         to consider certain factors when reviewing a

28         petition; providing standards on which the

29         office may base a finding that a rate is

30         excessive, inadequate, or unfairly

31         discriminatory; requiring insurers to provide

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    Florida Senate - 2007                                  SB 1730
    6-1478-07




 1         the office with certain information upon the

 2         office's request; authorizing the office to

 3         review certain information at any time to

 4         determine if a previously filed rate is

 5         excessive, inadequate, or unfairly

 6         discriminatory; providing procedures for

 7         disapproval of such a rate; prohibiting the

 8         office from disapproving certain rates as

 9         excessive unless certain extenuating

10         circumstances exist; requiring that the office

11         give notice to the insurer if the office finds

12         on a preliminary basis that an existing rate is

13         excessive, inadequate, or unfairly

14         discriminatory; providing that the insurer may

15         submit certain information in support of such a

16         rate; prohibiting an insurer from altering such

17         a rate for a specified period after receiving

18         notice; requiring the office to issue an order

19         of disapproval if it finds that a rate is

20         excessive, inadequate, or unfairly

21         discriminatory; providing that an insurer may

22         demand arbitration of a rate instead of an

23         administrative hearing; providing requirements

24         and procedures for arbitration of rate filings;

25         requiring the office and the insurer to treat

26         the decision of the arbitrators as a final

27         ruling regarding the approval or disapproval of

28         a filing; providing for payment of arbitration

29         costs; requiring the office to adopt rules;

30         providing for a waiver of certain rights by the

31         insurer upon the inception of arbitration;

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    Florida Senate - 2007                                  SB 1730
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 1         providing an exception to such waiver;

 2         authorizing the Financial Services Commission

 3         to adopt rules; providing an effective date.

 4  

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

 6  

 7         Section 1.  Subsection (1) of section 627.783, Florida

 8  Statutes, is amended, and subsections (3) and (4) are added to

 9  that section, to read:

10         627.783  Rate deviation.--

11         (1)  A title insurer or rating organization may

12  petition the office for an order authorizing a specific

13  deviation from the adopted premium or for special coverage in

14  addition to the adopted premiums, and a title insurer or title

15  insurance agent may petition the office for an order

16  authorizing and permitting a specific deviation above the

17  reasonable charge for related title services rendered as

18  specified in s. 627.782(1). The petition must shall be sworn,

19  in writing, and sworn to and shall set forth allegations of

20  fact upon which the petitioner will rely, including the

21  petitioner's reasons for requesting the deviation. If

22  appropriate, any related form must be filed pursuant to s.

23  627.777 and reviewed concurrently with the petition. Any

24  authorized title insurer, agent, or agency may join in the

25  petition for like authority to deviate or may file a separate

26  petition praying for similar like authority or opposing the

27  deviation. The office shall rule on all such petitions

28  simultaneously. The rates and forms approved pursuant to this

29  section shall be available for an additional charge when a

30  title policy is provided.

31  

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    Florida Senate - 2007                                  SB 1730
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 1         (3)  As to all such petitions for deviations or special

 2  coverage:

 3         (a)  Insurers or rating organizations shall establish

 4  and use rates, rating schedules, or rating manuals that will

 5  allow the insurer a reasonable rate of return on premiums

 6  written in this state. Insurers and rating organizations must

 7  file a copy of all rates, rating schedules, rating manuals,

 8  and any changes thereto with the office using the following

 9  procedure:

10         1.  The filing must be made at least 90 days before the

11  proposed effective date and the filing may not be implemented

12  during the office's review of the filing, any resulting

13  proceeding, or any judicial review. The office shall finalize

14  its review by issuing a notice of intent to approve or a

15  notice of intent to disapprove within 90 days after receipt of

16  the filing. The notice of intent to approve and the notice of

17  intent to disapprove constitute agency action for purposes of

18  chapter 120. Requests for supporting information, requests for

19  mathematical or mechanical corrections, or notification to the

20  insurer by the office of its preliminary findings do not toll

21  the 90-day period during any such proceedings and subsequent

22  judicial review.

23         2.  The rate shall be deemed approved if the office

24  does not issue a notice of intent to approve or a notice of

25  intent to disapprove within 90 days after receipt of the

26  filing. If the office issues a notice of intent to disapprove,

27  it must state with specificity its reasons for disapproval.

28         (b)  Upon receiving a petition for deviation, the

29  office shall review it to determine if it is excessive,

30  inadequate, or unfairly discriminatory. In making that

31  determination, the office shall, in accordance with generally

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    Florida Senate - 2007                                  SB 1730
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 1  accepted and reasonable actuarial techniques, consider the

 2  factors specified in s. 627.782(2).

 3         (c)  After consideration of the rate factors described

 4  in paragraph (b), the office may find a rate to be excessive,

 5  inadequate, or unfairly discriminatory based upon the

 6  following standards:

 7         1.  Rates shall be deemed excessive if they are likely

 8  to produce a profit from businesses in this state which is

 9  unreasonably high in relation to the risk involved in the

10  title business or if expenses are unreasonably high in

11  relation to services rendered.

12         2.  Rates shall be deemed inadequate if they are

13  clearly insufficient, together with the investment income

14  attributable to them, to sustain projected losses and expenses

15  in the title of business to which they apply.

16         (d)  When reviewing a rate filing, the office may

17  require the insurer to provide at the insurer's expense all

18  information necessary to evaluate the condition of the company

19  and the reasonableness of the filing according to the criteria

20  enumerated in this section.

21         (e)  The office may at any time review a rate, rating

22  schedule, rating manual, rate change, pertinent records of the

23  insurer, or market conditions. If the office finds on a

24  preliminary basis that a rate may be excessive, inadequate, or

25  unfairly discriminatory, the office shall initiate proceedings

26  to disapprove the rate and shall immediately notify the

27  insurer. However, the office may not disapprove as excessive

28  any rate for which it has given final approval or which has

29  been deemed approved for a period of 1 year after the

30  effective date of the filing unless the office finds that a

31  material misrepresentation or material error was made by the

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    Florida Senate - 2007                                  SB 1730
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 1  insurer or in the filing. Upon being so notified, the insurer

 2  or rating organization shall, within 60 days, file with the

 3  office all information that, in the belief of the insurer or

 4  organization, proves the reasonableness, adequacy, and

 5  fairness of the rate or rate change. The office shall issue a

 6  notice of intent to approve or a notice of intent to

 7  disapprove pursuant to the procedures of paragraph (a) within

 8  90 days after receipt of the insurer's initial response. In

 9  such instances and in any administrative proceeding relating

10  to the legality of the rate, the insurer or rating

11  organization has the burden of proof by a preponderance of the

12  evidence to show that the rate is not excessive, inadequate,

13  or unfairly discriminatory. After the office notifies an

14  insurer that a rate may be excessive, inadequate, or unfairly

15  discriminatory, unless the office withdraws the notification,

16  the insurer may not alter the rate except to conform with the

17  office's notice until the earlier of 120 days after the date

18  the notification was provided or 180 days after the date of

19  the implementation of the rate. The office may, subject to

20  chapter 120, disapprove without the 60-day notification any

21  rate increase filed by an insurer within the prohibited time

22  period or during the time that the legality of the increased

23  rate is being contested.

24         (f)  If the office finds that a rate or rate change is

25  excessive, inadequate, or unfairly discriminatory, the office

26  shall issue an order of disapproval ordering the insurer to

27  file a new rate or rate schedule that responds to the findings

28  of the office. If the office finds that an insurer's rate or

29  rate change is inadequate, the new rate or rate schedule filed

30  with the office in response to such a finding applies only to

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    Florida Senate - 2007                                  SB 1730
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 1  new or renewal business of the insurer written on or after the

 2  effective date of the responsive filing.

 3         (g)  After any action with respect to a rate filing

 4  which constitutes agency action for purposes of chapter 120,

 5  an insurer may, in lieu of demanding a hearing under s.

 6  120.57, require arbitration of the rate filing. Arbitration

 7  shall be conducted by a board of arbitrators consisting of an

 8  arbitrator selected by the office, an arbitrator selected by

 9  the insurer, and an arbitrator selected jointly by the other

10  two arbitrators. Each arbitrator must be certified by the

11  American Arbitration Association. A decision is valid only

12  upon the affirmative vote of at least two of the arbitrators.

13  An arbitrator may not be an employee of any insurance

14  regulator, regulatory body, or any insurer, regardless of

15  whether the employing insurer does business in this state. The

16  office and the insurer must treat the decision of the

17  arbitrators as the final ruling regarding the approval or

18  disapproval of a rate filing. Costs of arbitration shall be

19  paid by the insurer.

20         1.  Arbitration under this subsection shall be

21  conducted pursuant to the procedures specified in ss. 682.06

22  and 682.10. Either party may apply to the circuit court to

23  vacate or modify the decision pursuant to s. 682.13 or s.

24  682.14. The office shall adopt rules for arbitration under

25  this subsection which may not be inconsistent with the

26  arbitration rules of the American Arbitration Association as

27  of January 1, 1996.

28         2.  Upon initiation of the arbitration process, the

29  insurer waives all rights to challenge the action of the

30  office under chapter 120 or any other provision of law;

31  however, such rights are restored to the insurer if the

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    Florida Senate - 2007                                  SB 1730
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 1  arbitrators fail to render a decision within 90 days after

 2  initiation of the arbitration process.

 3         (4)  The Financial Services Commission may adopt rules

 4  to administer this section. These rules shall protect the

 5  interests of insureds, title insurers, title insurance agents,

 6  and the public, and must be in substantial compliance with

 7  policy and endorsement forms approved by the American Land

 8  Title Association (ALTA) relating to title insurance.

 9         Section 2.  This act shall take effect July 1, 2007.

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    Florida Senate - 2007                                  SB 1730
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes title insurers and rating organizations to
      petition the Office of Insurance Regulation for specific
 4    rate deviations or special coverage in addition to
      adopted premiums. Provides procedures for the filing and
 5    review of petitions and related forms. Requires insurers
      and rating organizations to establish and use rates,
 6    rating schedules, or rating manuals that will allow a
      reasonable rate of return on deviations written in this
 7    state. Requires that insurers file such rates, rating
      schedules, and rating manuals with the office according
 8    to certain procedures. Requires the office to issue a
      notice of intent to approve or disapprove a filing within
 9    a specified period after the office receives the filing.
      Provides that a filing must be deemed approved if the
10    office does not issue the required notice within a
      specified period. Requires the office to state its
11    reasons for disapproval with specificity. Requires the
      office to review a petition to determine if it is
12    excessive, inadequate, or unfairly discriminatory.
      Requires the office to consider certain factors when
13    reviewing a petition. Provides standards on which the
      office may base a finding that a rate is excessive,
14    inadequate, or unfairly discriminatory. Requires insurers
      to provide the office with certain information upon the
15    office's request. Authorizes the office to review certain
      information at any time to determine if a previously
16    filed rate is excessive, inadequate, or unfairly
      discriminatory. Provides procedures for disapproval of
17    such a rate. Prohibits the office from disapproving
      certain rates as excessive unless certain extenuating
18    circumstances exist. Requires that the office give notice
      to the insurer if the office finds on a preliminary basis
19    that an existing rate is excessive, inadequate, or
      unfairly discriminatory. Provides that the insurer may
20    submit certain information in support of such a rate.
      Prohibits an insurer from altering such a rate for a
21    specified period after receiving notice. Requires the
      office to issue an order of disapproval if it finds that
22    a rate is excessive, inadequate, or unfairly
      discriminatory. Provides that an insurer may demand
23    arbitration of a rate instead of an administrative
      hearing. Provides requirements and procedures for
24    arbitration of rate filings. Requires the office and the
      insurer to treat the decision of the arbitrators as a
25    final ruling regarding the approval or disapproval of a
      filing. Provides for payment of arbitration costs.
26    Requires the office to adopt rules. Provides for a waiver
      of certain rights by the insurer upon the inception of
27    arbitration. Provides an exception to such waiver.
      Authorizes the Financial Services Commission to adopt
28    rules.

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