Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2498
                        Barcode 434690
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/09/2007 06:09 PM         .                    
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11  The Committee on Banking and Insurance (Peaden) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 25, line 1, through
16            page 34, line 6, delete those lines
17  
18  and insert:  
19         5.  Must provide a procedure for determining the
20  eligibility of a risk for coverage, as follows:
21         a.  Subject to the provisions of s. 627.3517, with
22  respect to personal lines residential risks, if the risk is
23  offered coverage from an authorized insurer at the insurer's
24  approved rate under either a standard policy including wind
25  coverage or, if consistent with the insurer's underwriting
26  rules as filed with the office, a basic policy including wind
27  coverage, for a new application to the corporation for
28  coverage, the risk is not eligible for any policy issued by
29  the corporation unless the premium for coverage from the
30  authorized insurer is more than 15 25 percent greater than the
31  premium for comparable coverage from the corporation. If the
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 risk is not able to obtain any such offer, the risk is 2 eligible for either a standard policy including wind coverage 3 or a basic policy including wind coverage issued by the 4 corporation; however, if the risk could not be insured under a 5 standard policy including wind coverage regardless of market 6 conditions, the risk shall be eligible for a basic policy 7 including wind coverage unless rejected under subparagraph 8. 8 However, with regard to a policyholder of the corporation, the 9 policyholder remains eligible for coverage from the 10 corporation regardless of any offer of coverage from an 11 authorized insurer or surplus lines insurer. The corporation 12 shall determine the type of policy to be provided on the basis 13 of objective standards specified in the underwriting manual 14 and based on generally accepted underwriting practices. 15 (I) If the risk accepts an offer of coverage through 16 the market assistance plan or an offer of coverage through a 17 mechanism established by the corporation before a policy is 18 issued to the risk by the corporation or during the first 30 19 days of coverage by the corporation, and the producing agent 20 who submitted the application to the plan or to the 21 corporation is not currently appointed by the insurer, the 22 insurer shall: 23 (A) Pay to the producing agent of record of the 24 policy, for the first year, an amount that is the greater of 25 the insurer's usual and customary commission for the type of 26 policy written or a fee equal to the usual and customary 27 commission of the corporation; or 28 (B) Offer to allow the producing agent of record of 29 the policy to continue servicing the policy for a period of 30 not less than 1 year and offer to pay the agent the greater of 31 the insurer's or the corporation's usual and customary 2 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 commission for the type of policy written. 2 3 If the producing agent is unwilling or unable to accept 4 appointment, the new insurer shall pay the agent in accordance 5 with sub-sub-sub-subparagraph (A). 6 (II) When the corporation enters into a contractual 7 agreement for a take-out plan, the producing agent of record 8 of the corporation policy is entitled to retain any unearned 9 commission on the policy, and the insurer shall: 10 (A) Pay to the producing agent of record of the 11 corporation policy, for the first year, an amount that is the 12 greater of the insurer's usual and customary commission for 13 the type of policy written or a fee equal to the usual and 14 customary commission of the corporation; or 15 (B) Offer to allow the producing agent of record of 16 the corporation policy to continue servicing the policy for a 17 period of not less than 1 year and offer to pay the agent the 18 greater of the insurer's or the corporation's usual and 19 customary commission for the type of policy written. 20 21 If the producing agent is unwilling or unable to accept 22 appointment, the new insurer shall pay the agent in accordance 23 with sub-sub-sub-subparagraph (A). 24 b. With respect to commercial lines residential risks, 25 for a new application to the corporation for coverage, if the 26 risk is offered coverage under a policy including wind 27 coverage from an authorized insurer at its approved rate, the 28 risk is not eligible for any policy issued by the corporation 29 unless the premium for coverage from the authorized insurer is 30 more than 15 25 percent greater than the premium for 31 comparable coverage from the corporation. If the risk is not 3 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 able to obtain any such offer, the risk is eligible for a 2 policy including wind coverage issued by the corporation. 3 However, with regard to a policyholder of the corporation, the 4 policyholder remains eligible for coverage from the 5 corporation regardless of any offer of coverage from an 6 authorized insurer or surplus lines insurer. 7 (I) If the risk accepts an offer of coverage through 8 the market assistance plan or an offer of coverage through a 9 mechanism established by the corporation before a policy is 10 issued to the risk by the corporation or during the first 30 11 days of coverage by the corporation, and the producing agent 12 who submitted the application to the plan or the corporation 13 is not currently appointed by the insurer, the insurer shall: 14 (A) Pay to the producing agent of record of the 15 policy, for the first year, an amount that is the greater of 16 the insurer's usual and customary commission for the type of 17 policy written or a fee equal to the usual and customary 18 commission of the corporation; or 19 (B) Offer to allow the producing agent of record of 20 the policy to continue servicing the policy for a period of 21 not less than 1 year and offer to pay the agent the greater of 22 the insurer's or the corporation's usual and customary 23 commission for the type of policy written. 24 25 If the producing agent is unwilling or unable to accept 26 appointment, the new insurer shall pay the agent in accordance 27 with sub-sub-sub-subparagraph (A). 28 (II) When the corporation enters into a contractual 29 agreement for a take-out plan, the producing agent of record 30 of the corporation policy is entitled to retain any unearned 31 commission on the policy, and the insurer shall: 4 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 (A) Pay to the producing agent of record of the 2 corporation policy, for the first year, an amount that is the 3 greater of the insurer's usual and customary commission for 4 the type of policy written or a fee equal to the usual and 5 customary commission of the corporation; or 6 (B) Offer to allow the producing agent of record of 7 the corporation policy to continue servicing the policy for a 8 period of not less than 1 year and offer to pay the agent the 9 greater of the insurer's or the corporation's usual and 10 customary commission for the type of policy written. 11 12 If the producing agent is unwilling or unable to accept 13 appointment, the new insurer shall pay the agent in accordance 14 with sub-sub-sub-subparagraph (A). 15 6. Must provide by July 1, 2007, that an application 16 for coverage for a new policy is subject to a waiting period 17 of 10 days before coverage is effective, during which time the 18 corporation shall make such application available for review 19 by general lines agents and authorized property and casualty 20 insurers. The board shall approve an exception that allows for 21 coverage to be effective before the end of the 10-day waiting 22 period, for coverage issued in conjunction with a real estate 23 closing. The board may approve such other exceptions as the 24 board determines are necessary to prevent lapses in coverage. 25 7. Must include rules for classifications of risks and 26 rates therefor. 27 8. Must provide that if premium and investment income 28 for an account attributable to a particular calendar year are 29 in excess of projected losses and expenses for the account 30 attributable to that year, such excess shall be held in 31 surplus in the account. Such surplus shall be available to 5 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 defray deficits in that account as to future years and shall 2 be used for that purpose prior to assessing assessable 3 insurers and assessable insureds as to any calendar year. 4 9. Must provide objective criteria and procedures to 5 be uniformly applied for all applicants in determining whether 6 an individual risk is so hazardous as to be uninsurable. In 7 making this determination and in establishing the criteria and 8 procedures, the following shall be considered: 9 a. Whether the likelihood of a loss for the individual 10 risk is substantially higher than for other risks of the same 11 class; and 12 b. Whether the uncertainty associated with the 13 individual risk is such that an appropriate premium cannot be 14 determined. 15 16 The acceptance or rejection of a risk by the corporation shall 17 be construed as the private placement of insurance, and the 18 provisions of chapter 120 shall not apply. 19 10. Must provide that the corporation shall make its 20 best efforts to procure catastrophe reinsurance at reasonable 21 rates, to cover its projected 100-year probable maximum loss 22 as determined by the board of governors. 23 11. Must provide that in the event of regular deficit 24 assessments under sub-subparagraph (b)3.a. or sub-subparagraph 25 (b)3.b., in the personal lines account, the commercial lines 26 residential account, or the high-risk account, the corporation 27 shall levy upon corporation policyholders in its next rate 28 filing, or by a separate rate filing solely for this purpose, 29 a Citizens policyholder surcharge arising from a regular 30 assessment in such account in a percentage equal to the total 31 amount of such regular assessments divided by the aggregate 6 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 statewide direct written premium for subject lines of business 2 for the prior calendar year. For purposes of calculating the 3 Citizens policyholder surcharge to be levied under this 4 subparagraph, the total amount of the regular assessment to 5 which this surcharge is related shall be determined as set 6 forth in subparagraph (b)3., without deducting the estimated 7 Citizens policyholder surcharge. Citizens policyholder 8 surcharges under this subparagraph are not considered premium 9 and are not subject to commissions, fees, or premium taxes; 10 however, failure to pay a market equalization surcharge shall 11 be treated as failure to pay premium. 12 12. The policies issued by the corporation must 13 provide that, if the corporation or the market assistance plan 14 obtains an offer from an authorized insurer to cover the risk 15 at its approved rates, the risk is no longer eligible for 16 renewal through the corporation, except as otherwise provided 17 in this subsection. 18 13. Corporation policies and applications must include 19 a notice that the corporation policy could, under this 20 section, be replaced with a policy issued by an authorized 21 insurer that does not provide coverage identical to the 22 coverage provided by the corporation. The notice shall also 23 specify that acceptance of corporation coverage creates a 24 conclusive presumption that the applicant or policyholder is 25 aware of this potential. 26 14. May establish, subject to approval by the office, 27 different eligibility requirements and operational procedures 28 for any line or type of coverage for any specified county or 29 area if the board determines that such changes to the 30 eligibility requirements and operational procedures are 31 justified due to the voluntary market being sufficiently 7 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 stable and competitive in such area or for such line or type 2 of coverage and that consumers who, in good faith, are unable 3 to obtain insurance through the voluntary market through 4 ordinary methods would continue to have access to coverage 5 from the corporation. When coverage is sought in connection 6 with a real property transfer, such requirements and 7 procedures shall not provide for an effective date of coverage 8 later than the date of the closing of the transfer as 9 established by the transferor, the transferee, and, if 10 applicable, the lender. 11 15. Must provide that, with respect to the high-risk 12 account, any assessable insurer with a surplus as to 13 policyholders of $25 million or less writing 25 percent or 14 more of its total countrywide property insurance premiums in 15 this state may petition the office, within the first 90 days 16 of each calendar year, to qualify as a limited apportionment 17 company. A regular assessment levied by the corporation on a 18 limited apportionment company for a deficit incurred by the 19 corporation for the high-risk account in 2006 or thereafter 20 may be paid to the corporation on a monthly basis as the 21 assessments are collected by the limited apportionment company 22 from its insureds pursuant to s. 627.3512, but the regular 23 assessment must be paid in full within 12 months after being 24 levied by the corporation. A limited apportionment company 25 shall collect from its policyholders any emergency assessment 26 imposed under sub-subparagraph (b)3.d. The plan shall provide 27 that, if the office determines that any regular assessment 28 will result in an impairment of the surplus of a limited 29 apportionment company, the office may direct that all or part 30 of such assessment be deferred as provided in subparagraph 31 (g)4. However, there shall be no limitation or deferment of an 8 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 emergency assessment to be collected from policyholders under 2 sub-subparagraph (b)3.d. 3 16. Must provide that the corporation appoint as its 4 licensed agents only those agents who also hold an appointment 5 as defined in s. 626.015(3) with an insurer who at the time of 6 the agent's initial appointment by the corporation is 7 authorized to write and is actually writing personal lines 8 residential property coverage, commercial residential property 9 coverage, or commercial nonresidential property coverage 10 within the state. 11 17. Must provide, by July 1, 2007, a premium payment 12 plan option to its policyholders which allows for quarterly 13 and semiannual payment of premiums. 14 18. Must provide, effective June 1, 2007, that the 15 corporation contract with each insurer providing the non-wind 16 coverage for risks insured by the corporation in the high-risk 17 account, requiring that the insurer provide claims adjusting 18 services for the wind coverage provided by the corporation for 19 such risks. An insurer is required to enter into this contract 20 as a condition of providing non-wind coverage for a risk that 21 is insured by the corporation in the high-risk account unless 22 the board finds, after a hearing, that the insurer is not 23 capable of providing adjusting services at an acceptable level 24 of quality to corporation policyholders. The terms and 25 conditions of such contracts must be substantially the same as 26 the contracts that the corporation executed with insurers 27 under the "adjust-your-own" program in 2006, except as may be 28 mutually agreed to by the parties and except for such changes 29 that the board determines are necessary to ensure that claims 30 are adjusted appropriately. The corporation shall provide a 31 process for neutral arbitration of any dispute between the 9 10:23 AM 04/09/07 s2498c-bi02-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2498 Barcode 434690 1 corporation and the insurer regarding the terms of the 2 contract. The corporation shall review and monitor the 3 performance of insurers under these contracts. 4 19. Must limit coverage on mobile homes or 5 manufactured homes built prior to 1994 to actual cash value of 6 the dwelling rather than replacement costs of the dwelling. 7 20. May provide such limits of coverage as the board 8 determines, consistent with the requirements of this 9 subsection. 10 21. May require commercial property to meet specified 11 hurricane mitigation construction features as a condition of 12 eligibility for coverage. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 1, lines 16-27, delete those lines 18 19 and insert: 20 revising provisions for determining eligibility 21 for coverage under Citizens Property Insurance 22 Corporation; prohibiting issuance of new 23 24 25 26 27 28 29 30 31 10 10:23 AM 04/09/07 s2498c-bi02-j02