Senate Bill sb2498e1

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    CS for SB 2498                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         626.916, F.S.; providing requirements for

  4         insurance coverage eligible for export for

  5         residential property risks; requiring that the

  6         insured be notified that coverage may be

  7         available from Citizens Property Insurance

  8         Corporation; amending s. 626.914, F.S.;

  9         revising the definition of the term "diligent

10         effort"; amending s. 215.555, F.S.; revising

11         the dates regarding an exemption from emergency

12         assessments for medical malpractice insurance

13         premiums; amending s. 627.351, F.S.; revising

14         legislative findings to provide a finding that

15         the lack of affordable property insurance

16         threatens the public health, safety, and

17         welfare and threatens the economic health of

18         the state; revising provisions for determining

19         eligibility for coverage under Citizens

20         Property Insurance Corporation; amending s.

21         627.062, F.S.; providing that certain interest

22         paid by an insurer may not be included in rate

23         base or used to justify a rate or rate change;

24         amending s. 626.9541, F.S.; providing

25         additional unfair claim settlement practices;

26         amending s. 627.70131, F.S.; deleting the

27         definition of the term "insurer"; defining the

28         term "claim"; revising provisions relating to

29         when an insurer must pay a claim; providing

30         conditions under which interest must be paid;

31         extending the date for increasing rates;


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    CS for SB 2498                                 First Engrossed



 1         prohibiting issuance of new certificates of

 2         authority to certain insurers; requiring rate

 3         filings of certain insurers to include certain

 4         parent company profits information;

 5         establishing a pilot program to offer optional

 6         sinkhole coverage; amending s. 626.9201, F.S.;

 7         revising requirements concerning cancellation

 8         for nonpayment of premium of policies providing

 9         coverage for property, casualty, surety, or

10         marine insurance; defining the term "nonpayment

11         of premium"; providing that certain contracts

12         or contractual obligations concerning such

13         coverage are void under specified conditions;

14         requiring the refund of certain premiums

15         received by an insurer; providing effective

16         dates.

17  

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

19  

20         Section 1.  Paragraph (e) is added to subsection (1) of

21  section 626.916, Florida Statutes, to read:

22         626.916  Eligibility for export.--

23         (1)  No insurance coverage shall be eligible for export

24  unless it meets all of the following conditions:

25         (e)  For personal residential property risks, the

26  retail or producing agent must advise the insured in writing

27  that coverage may be available and may be less expensive from

28  Citizens Property Insurance Corporation. The notice must

29  include other information that states that Citizens'

30  assessments are higher and the coverage provided by Citizens

31  may be less than the property's existing coverage. If the


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    CS for SB 2498                                 First Engrossed



 1  notice is signed by the insured, it is presumed that the

 2  insured has been informed and knows that policies from

 3  Citizens Property Insurance Corporation may be less expensive,

 4  may provide less coverage, and will be accompanied by higher

 5  assessments.

 6         Section 2.  Subsection (4) of section 626.914, Florida

 7  Statutes, is amended to read:

 8         626.914  Definitions.--As used in this Surplus Lines

 9  Law, the term:

10         (4)  "Diligent effort" means seeking coverage from and

11  having been rejected by at least three authorized insurers

12  currently writing this type of coverage and documenting these

13  rejections. However, if the residential structure has a

14  dwelling replacement cost of $1 million or more, the term

15  means seeking coverage from and having been rejected by at

16  least one authorized insurer currently writing this type of

17  coverage and documenting this rejection.

18         Section 3.  Paragraph (b) of subsection (6) of section

19  215.555, Florida Statutes, as amended by chapter 2007-1, Laws

20  of Florida, is amended to read:

21         215.555  Florida Hurricane Catastrophe Fund.--

22         (6)  REVENUE BONDS.--

23         (b)  Emergency assessments.--

24         1.  If the board determines that the amount of revenue

25  produced under subsection (5) is insufficient to fund the

26  obligations, costs, and expenses of the fund and the

27  corporation, including repayment of revenue bonds and that

28  portion of the debt service coverage not met by reimbursement

29  premiums, the board shall direct the Office of Insurance

30  Regulation to levy, by order, an emergency assessment on

31  direct premiums for all property and casualty lines of


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    CS for SB 2498                                 First Engrossed



 1  business in this state, including property and casualty

 2  business of surplus lines insurers regulated under part VIII

 3  of chapter 626, but not including any workers' compensation

 4  premiums or medical malpractice premiums. As used in this

 5  subsection, the term "property and casualty business" includes

 6  all lines of business identified on Form 2, Exhibit of

 7  Premiums and Losses, in the annual statement required of

 8  authorized insurers by s. 624.424 and any rule adopted under

 9  this section, except for those lines identified as accident

10  and health insurance and except for policies written under the

11  National Flood Insurance Program. The assessment shall be

12  specified as a percentage of direct written premium and is

13  subject to annual adjustments by the board in order to meet

14  debt obligations. The same percentage shall apply to all

15  policies in lines of business subject to the assessment issued

16  or renewed during the 12-month period beginning on the

17  effective date of the assessment.

18         2.  A premium is not subject to an annual assessment

19  under this paragraph in excess of 6 percent of premium with

20  respect to obligations arising out of losses attributable to

21  any one contract year, and a premium is not subject to an

22  aggregate annual assessment under this paragraph in excess of

23  10 percent of premium. An annual assessment under this

24  paragraph shall continue as long as the revenue bonds issued

25  with respect to which the assessment was imposed are

26  outstanding, including any bonds the proceeds of which were

27  used to refund the revenue bonds, unless adequate provision

28  has been made for the payment of the bonds under the documents

29  authorizing issuance of the bonds.

30         3.  Emergency assessments shall be collected from

31  policyholders. Emergency assessments shall be remitted by


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    CS for SB 2498                                 First Engrossed



 1  insurers as a percentage of direct written premium for the

 2  preceding calendar quarter as specified in the order from the

 3  Office of Insurance Regulation. The office shall verify the

 4  accurate and timely collection and remittance of emergency

 5  assessments and shall report the information to the board in a

 6  form and at a time specified by the board. Each insurer

 7  collecting assessments shall provide the information with

 8  respect to premiums and collections as may be required by the

 9  office to enable the office to monitor and verify compliance

10  with this paragraph.

11         4.  With respect to assessments of surplus lines

12  premiums, each surplus lines agent shall collect the

13  assessment at the same time as the agent collects the surplus

14  lines tax required by s. 626.932, and the surplus lines agent

15  shall remit the assessment to the Florida Surplus Lines

16  Service Office created by s. 626.921 at the same time as the

17  agent remits the surplus lines tax to the Florida Surplus

18  Lines Service Office. The emergency assessment on each insured

19  procuring coverage and filing under s. 626.938 shall be

20  remitted by the insured to the Florida Surplus Lines Service

21  Office at the time the insured pays the surplus lines tax to

22  the Florida Surplus Lines Service Office. The Florida Surplus

23  Lines Service Office shall remit the collected assessments to

24  the fund or corporation as provided in the order levied by the

25  Office of Insurance Regulation. The Florida Surplus Lines

26  Service Office shall verify the proper application of such

27  emergency assessments and shall assist the board in ensuring

28  the accurate and timely collection and remittance of

29  assessments as required by the board. The Florida Surplus

30  Lines Service Office shall annually calculate the aggregate

31  written premium on property and casualty business, other than


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    CS for SB 2498                                 First Engrossed



 1  workers' compensation and medical malpractice, procured

 2  through surplus lines agents and insureds procuring coverage

 3  and filing under s. 626.938 and shall report the information

 4  to the board in a form and at a time specified by the board.

 5         5.  Any assessment authority not used for a particular

 6  contract year may be used for a subsequent contract year. If,

 7  for a subsequent contract year, the board determines that the

 8  amount of revenue produced under subsection (5) is

 9  insufficient to fund the obligations, costs, and expenses of

10  the fund and the corporation, including repayment of revenue

11  bonds and that portion of the debt service coverage not met by

12  reimbursement premiums, the board shall direct the Office of

13  Insurance Regulation to levy an emergency assessment up to an

14  amount not exceeding the amount of unused assessment authority

15  from a previous contract year or years, plus an additional 4

16  percent provided that the assessments in the aggregate do not

17  exceed the limits specified in subparagraph 2.

18         6.  The assessments otherwise payable to the

19  corporation under this paragraph shall be paid to the fund

20  unless and until the Office of Insurance Regulation and the

21  Florida Surplus Lines Service Office have received from the

22  corporation and the fund a notice, which shall be conclusive

23  and upon which they may rely without further inquiry, that the

24  corporation has issued bonds and the fund has no agreements in

25  effect with local governments under paragraph (c). On or after

26  the date of the notice and until the date the corporation has

27  no bonds outstanding, the fund shall have no right, title, or

28  interest in or to the assessments, except as provided in the

29  fund's agreement with the corporation.

30         7.  Emergency assessments are not premium and are not

31  subject to the premium tax, to the surplus lines tax, to any


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    CS for SB 2498                                 First Engrossed



 1  fees, or to any commissions. An insurer is liable for all

 2  assessments that it collects and must treat the failure of an

 3  insured to pay an assessment as a failure to pay the premium.

 4  An insurer is not liable for uncollectible assessments.

 5         8.  When an insurer is required to return an unearned

 6  premium, it shall also return any collected assessment

 7  attributable to the unearned premium. A credit adjustment to

 8  the collected assessment may be made by the insurer with

 9  regard to future remittances that are payable to the fund or

10  corporation, but the insurer is not entitled to a refund.

11         9.  When a surplus lines insured or an insured who has

12  procured coverage and filed under s. 626.938 is entitled to

13  the return of an unearned premium, the Florida Surplus Lines

14  Service Office shall provide a credit or refund to the agent

15  or such insured for the collected assessment attributable to

16  the unearned premium prior to remitting the emergency

17  assessment collected to the fund or corporation.

18         10.  The exemption of medical malpractice insurance

19  premiums from emergency assessments under this paragraph is

20  repealed May 31, 2010 May 31, 2007, and medical malpractice

21  insurance premiums shall be subject to emergency assessments

22  attributable to loss events occurring in the contract years

23  commencing on June 1, 2010 June 1, 2007.

24         Section 4.  Paragraphs (a), (c), (m) and (r) of

25  subsection (6) of section 627.351, Florida Statutes, as

26  amended by section 21 of chapter 2007-1, Laws of Florida, are

27  amended, and paragraph (ff) is added to that subsection, to

28  read:

29         627.351  Insurance risk apportionment plans.--

30         (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--

31  


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    CS for SB 2498                                 First Engrossed



 1         (a)1.  It is the public purpose of this subsection to

 2  ensure the existence of an orderly market for property

 3  insurance for Floridians and Florida businesses. The

 4  Legislature finds that private insurers are unwilling or

 5  unable to provide affordable property insurance coverage in

 6  this state to the extent sought and needed. The absence of

 7  affordable property insurance threatens the public health,

 8  safety, and welfare and likewise threatens the economic health

 9  of the state. The state therefore has a compelling public

10  interest and a public purpose to assist in assuring that

11  property in the state is insured and that it is insured at

12  affordable rates so as to facilitate the remediation,

13  reconstruction, and replacement of damaged or destroyed

14  property in order to reduce or avoid the negative effects

15  otherwise resulting to the public health, safety, and welfare;

16  to the economy of the state; and to the revenues of the state

17  and local governments which are needed to provide for the

18  public welfare. It is necessary, therefore, to provide

19  affordable property insurance to applicants who are in good

20  faith entitled to procure insurance through the voluntary

21  market but are unable to do so. The Legislature intends by

22  this subsection that affordable property insurance be provided

23  and that it continue to be provided, as long as necessary,

24  through Citizens Property Insurance Corporation, a government

25  entity that is an integral part of the state, and that is not

26  a private insurance company. To that end, Citizens Property

27  Insurance Company shall strive to increase the availability of

28  affordable property insurance in this state, while achieving

29  efficiencies and economies, and while providing service to

30  policyholders, applicants, and agents which is no less than

31  the quality generally provided in the voluntary market, for


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    CS for SB 2498                                 First Engrossed



 1  the achievement of the foregoing public purposes. Because it

 2  is essential for this government entity to have the maximum

 3  financial resources to pay claims following a catastrophic

 4  hurricane, it is the intent of the Legislature that Citizens

 5  Property Insurance Corporation continue to be an integral part

 6  of the state and that the income of the corporation be exempt

 7  from federal income taxation and that interest on the debt

 8  obligations issued by the corporation be exempt from federal

 9  income taxation.  The Legislature finds that actual and

10  threatened catastrophic losses to property in this state from

11  hurricanes have caused insurers to be unwilling or unable to

12  provide property insurance coverage to the extent sought and

13  needed. It is in the public interest and a public purpose to

14  assist in assuring that property in the state is insured so as

15  to facilitate the remediation, reconstruction, and replacement

16  of damaged or destroyed property in order to reduce or avoid

17  the negative effects otherwise resulting to the public health,

18  safety, and welfare; to the economy of the state; and to the

19  revenues of the state and local governments needed to provide

20  for the public welfare. It is necessary, therefore, to provide

21  property insurance to applicants who are in good faith

22  entitled to procure insurance through the voluntary market but

23  are unable to do so. The Legislature intends by this

24  subsection that property insurance be provided and that it

25  continues, as long as necessary, through an entity organized

26  to achieve efficiencies and economies, while providing service

27  to policyholders, applicants, and agents that is no less than

28  the quality generally provided in the voluntary market, all

29  toward the achievement of the foregoing public purposes.

30  Because it is essential for the corporation to have the

31  maximum financial resources to pay claims following a


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    CS for SB 2498                                 First Engrossed



 1  catastrophic hurricane, it is the intent of the Legislature

 2  that the income of the corporation be exempt from federal

 3  income taxation and that interest on the debt obligations

 4  issued by the corporation be exempt from federal income

 5  taxation.

 6         2.  The Residential Property and Casualty Joint

 7  Underwriting Association originally created by this statute

 8  shall be known, as of July 1, 2002, as the Citizens Property

 9  Insurance Corporation. The corporation shall provide insurance

10  for residential and commercial property, for applicants who

11  are in good faith entitled, but are unable, to procure

12  insurance through the voluntary market. The corporation shall

13  operate pursuant to a plan of operation approved by order of

14  the Financial Services Commission. The plan is subject to

15  continuous review by the commission. The commission may, by

16  order, withdraw approval of all or part of a plan if the

17  commission determines that conditions have changed since

18  approval was granted and that the purposes of the plan require

19  changes in the plan. The corporation shall continue to operate

20  pursuant to the plan of operation approved by the Office of

21  Insurance Regulation until October 1, 2006. For the purposes

22  of this subsection, residential coverage includes both

23  personal lines residential coverage, which consists of the

24  type of coverage provided by homeowner's, mobile home owner's,

25  dwelling, tenant's, condominium unit owner's, and similar

26  policies, and commercial lines residential coverage, which

27  consists of the type of coverage provided by condominium

28  association, apartment building, and similar policies.

29         3.  For the purposes of this subsection, the term

30  "homestead property" means:

31  


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    CS for SB 2498                                 First Engrossed



 1         a.  Property that has been granted a homestead

 2  exemption under chapter 196;

 3         b.  Property for which the owner has a current, written

 4  lease with a renter for a term of at least 7 months and for

 5  which the dwelling is insured by the corporation for $200,000

 6  or less;

 7         c.  An owner-occupied mobile home or manufactured home,

 8  as defined in s. 320.01, which is permanently affixed to real

 9  property, is owned by a Florida resident, and has been granted

10  a homestead exemption under chapter 196 or, if the owner does

11  not own the real property, the owner certifies that the mobile

12  home or manufactured home is his or her principal place of

13  residence;

14         d.  Tenant's coverage;

15         e.  Commercial lines residential property; or

16         f.  Any county, district, or municipal hospital; a

17  hospital licensed by any not-for-profit corporation qualified

18  under s. 501(c)(3) of the United States Internal Revenue Code;

19  or a continuing care retirement community that is certified

20  under chapter 651 and that receives an exemption from ad

21  valorem taxes under chapter 196.

22         4.  For the purposes of this subsection, the term

23  "nonhomestead property" means property that is not homestead

24  property.

25         5.  Effective January 1, 2009 July 1, 2008, a personal

26  lines residential structure that has a dwelling replacement

27  cost of $1 million or more, or a single condominium unit that

28  has a combined dwelling and content replacement cost of $1

29  million or more is not eligible for coverage by the

30  corporation. Such dwellings insured by the corporation on

31  December 31, 2008 June 30, 2008, may continue to be covered by


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    CS for SB 2498                                 First Engrossed



 1  the corporation until the end of the policy term. However,

 2  such dwellings that are insured by the corporation and become

 3  ineligible for coverage due to the provisions of this

 4  subparagraph may reapply and obtain coverage in the high-risk

 5  account and be considered "nonhomestead property" if the

 6  property owner provides the corporation with a sworn affidavit

 7  from one or more insurance agents, on a form provided by the

 8  corporation, stating that the agents have made their best

 9  efforts to obtain coverage and that the property has been

10  rejected for coverage by at least one authorized insurer and

11  at least three surplus lines insurers. If such conditions are

12  met, the dwelling may be insured by the corporation for up to

13  3 years, after which time the dwelling is ineligible for

14  coverage. The office shall approve the method used by the

15  corporation for valuing the dwelling replacement cost for the

16  purposes of this subparagraph. If a policyholder is insured by

17  the corporation prior to being determined to be ineligible

18  pursuant to this subparagraph and such policyholder files a

19  lawsuit challenging the determination, the policyholder may

20  remain insured by the corporation until the conclusion of the

21  litigation.

22         6.  For properties constructed on or after January 1,

23  2009, the corporation may not insure any property located

24  within 2,500 feet landward of the coastal construction control

25  line created pursuant to s. 161.053 unless the property meets

26  the requirements of the code-plus building standards developed

27  by the Florida Building Commission.

28         7.  It is the intent of the Legislature that

29  policyholders, applicants, and agents of the corporation

30  receive service and treatment of the highest possible level

31  but never less than that generally provided in the voluntary


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    CS for SB 2498                                 First Engrossed



 1  market. It also is intended that the corporation be held to

 2  service standards no less than those applied to insurers in

 3  the voluntary market by the office with respect to

 4  responsiveness, timeliness, customer courtesy, and overall

 5  dealings with policyholders, applicants, or agents of the

 6  corporation.

 7         (c)  The plan of operation of the corporation:

 8         1.  Must provide for adoption of residential property

 9  and casualty insurance policy forms and commercial residential

10  and nonresidential property insurance forms, which forms must

11  be approved by the office prior to use. The corporation shall

12  adopt the following policy forms:

13         a.  Standard personal lines policy forms that are

14  comprehensive multiperil policies providing full coverage of a

15  residential property equivalent to the coverage provided in

16  the private insurance market under an HO-3, HO-4, or HO-6

17  policy.

18         b.  Basic personal lines policy forms that are policies

19  similar to an HO-8 policy or a dwelling fire policy that

20  provide coverage meeting the requirements of the secondary

21  mortgage market, but which coverage is more limited than the

22  coverage under a standard policy.

23         c.  Commercial lines residential and nonresidential

24  policy forms that are generally similar to the basic perils of

25  full coverage obtainable for commercial residential structures

26  and commercial nonresidential structures in the admitted

27  voluntary market.

28         d.  Personal lines and commercial lines residential

29  property insurance forms that cover the peril of wind only.

30  The forms are applicable only to residential properties

31  


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    CS for SB 2498                                 First Engrossed



 1  located in areas eligible for coverage under the high-risk

 2  account referred to in sub-subparagraph (b)2.a.

 3         e.  Commercial lines nonresidential property insurance

 4  forms that cover the peril of wind only. The forms are

 5  applicable only to nonresidential properties located in areas

 6  eligible for coverage under the high-risk account referred to

 7  in sub-subparagraph (b)2.a.

 8         f.  The corporation may adopt variations of the policy

 9  forms listed in sub-subparagraphs a.-e. that contain more

10  restrictive coverage.

11         2.a.  Must provide that the corporation adopt a program

12  in which the corporation and authorized insurers enter into

13  quota share primary insurance agreements for hurricane

14  coverage, as defined in s. 627.4025(2)(a), for eligible risks,

15  and adopt property insurance forms for eligible risks which

16  cover the peril of wind only. As used in this subsection, the

17  term:

18         (I)  "Quota share primary insurance" means an

19  arrangement in which the primary hurricane coverage of an

20  eligible risk is provided in specified percentages by the

21  corporation and an authorized insurer. The corporation and

22  authorized insurer are each solely responsible for a specified

23  percentage of hurricane coverage of an eligible risk as set

24  forth in a quota share primary insurance agreement between the

25  corporation and an authorized insurer and the insurance

26  contract. The responsibility of the corporation or authorized

27  insurer to pay its specified percentage of hurricane losses of

28  an eligible risk, as set forth in the quota share primary

29  insurance agreement, may not be altered by the inability of

30  the other party to the agreement to pay its specified

31  percentage of hurricane losses. Eligible risks that are


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    CS for SB 2498                                 First Engrossed



 1  provided hurricane coverage through a quota share primary

 2  insurance arrangement must be provided policy forms that set

 3  forth the obligations of the corporation and authorized

 4  insurer under the arrangement, clearly specify the percentages

 5  of quota share primary insurance provided by the corporation

 6  and authorized insurer, and conspicuously and clearly state

 7  that neither the authorized insurer nor the corporation may be

 8  held responsible beyond its specified percentage of coverage

 9  of hurricane losses.

10         (II)  "Eligible risks" means personal lines residential

11  and commercial lines residential risks that meet the

12  underwriting criteria of the corporation and are located in

13  areas that were eligible for coverage by the Florida Windstorm

14  Underwriting Association on January 1, 2002.

15         b.  The corporation may enter into quota share primary

16  insurance agreements with authorized insurers at corporation

17  coverage levels of 90 percent and 50 percent.

18         c.  If the corporation determines that additional

19  coverage levels are necessary to maximize participation in

20  quota share primary insurance agreements by authorized

21  insurers, the corporation may establish additional coverage

22  levels. However, the corporation's quota share primary

23  insurance coverage level may not exceed 90 percent.

24         d.  Any quota share primary insurance agreement entered

25  into between an authorized insurer and the corporation must

26  provide for a uniform specified percentage of coverage of

27  hurricane losses, by county or territory as set forth by the

28  corporation board, for all eligible risks of the authorized

29  insurer covered under the quota share primary insurance

30  agreement.

31  


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    CS for SB 2498                                 First Engrossed



 1         e.  Any quota share primary insurance agreement entered

 2  into between an authorized insurer and the corporation is

 3  subject to review and approval by the office. However, such

 4  agreement shall be authorized only as to insurance contracts

 5  entered into between an authorized insurer and an insured who

 6  is already insured by the corporation for wind coverage.

 7         f.  For all eligible risks covered under quota share

 8  primary insurance agreements, the exposure and coverage levels

 9  for both the corporation and authorized insurers shall be

10  reported by the corporation to the Florida Hurricane

11  Catastrophe Fund. For all policies of eligible risks covered

12  under quota share primary insurance agreements, the

13  corporation and the authorized insurer shall maintain complete

14  and accurate records for the purpose of exposure and loss

15  reimbursement audits as required by Florida Hurricane

16  Catastrophe Fund rules. The corporation and the authorized

17  insurer shall each maintain duplicate copies of policy

18  declaration pages and supporting claims documents.

19         g.  The corporation board shall establish in its plan

20  of operation standards for quota share agreements which ensure

21  that there is no discriminatory application among insurers as

22  to the terms of quota share agreements, pricing of quota share

23  agreements, incentive provisions if any, and consideration

24  paid for servicing policies or adjusting claims.

25         h.  The quota share primary insurance agreement between

26  the corporation and an authorized insurer must set forth the

27  specific terms under which coverage is provided, including,

28  but not limited to, the sale and servicing of policies issued

29  under the agreement by the insurance agent of the authorized

30  insurer producing the business, the reporting of information

31  concerning eligible risks, the payment of premium to the


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    CS for SB 2498                                 First Engrossed



 1  corporation, and arrangements for the adjustment and payment

 2  of hurricane claims incurred on eligible risks by the claims

 3  adjuster and personnel of the authorized insurer. Entering

 4  into a quota sharing insurance agreement between the

 5  corporation and an authorized insurer shall be voluntary and

 6  at the discretion of the authorized insurer.

 7         3.  May provide that the corporation may employ or

 8  otherwise contract with individuals or other entities to

 9  provide administrative or professional services that may be

10  appropriate to effectuate the plan. The corporation shall have

11  the power to borrow funds, by issuing bonds or by incurring

12  other indebtedness, and shall have other powers reasonably

13  necessary to effectuate the requirements of this subsection,

14  including, without limitation, the power to issue bonds and

15  incur other indebtedness in order to refinance outstanding

16  bonds or other indebtedness. The corporation may, but is not

17  required to, seek judicial validation of its bonds or other

18  indebtedness under chapter 75. The corporation may issue bonds

19  or incur other indebtedness, or have bonds issued on its

20  behalf by a unit of local government pursuant to subparagraph

21  (g)2., in the absence of a hurricane or other weather-related

22  event, upon a determination by the corporation, subject to

23  approval by the office, that such action would enable it to

24  efficiently meet the financial obligations of the corporation

25  and that such financings are reasonably necessary to

26  effectuate the requirements of this subsection. The

27  corporation is authorized to take all actions needed to

28  facilitate tax-free status for any such bonds or indebtedness,

29  including formation of trusts or other affiliated entities.

30  The corporation shall have the authority to pledge

31  assessments, projected recoveries from the Florida Hurricane


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    CS for SB 2498                                 First Engrossed



 1  Catastrophe Fund, other reinsurance recoverables, market

 2  equalization and other surcharges, and other funds available

 3  to the corporation as security for bonds or other

 4  indebtedness. In recognition of s. 10, Art. I of the State

 5  Constitution, prohibiting the impairment of obligations of

 6  contracts, it is the intent of the Legislature that no action

 7  be taken whose purpose is to impair any bond indenture or

 8  financing agreement or any revenue source committed by

 9  contract to such bond or other indebtedness.

10         4.a.  Must require that the corporation operate subject

11  to the supervision and approval of a board of governors

12  consisting of eight individuals who are residents of this

13  state, from different geographical areas of this state. The

14  Governor, the Chief Financial Officer, the President of the

15  Senate, and the Speaker of the House of Representatives shall

16  each appoint two members of the board. At least one of the two

17  members appointed by each appointing officer must have

18  demonstrated expertise in insurance. The Chief Financial

19  Officer shall designate one of the appointees as chair. All

20  board members serve at the pleasure of the appointing officer.

21  All members of the board of governors are subject to removal

22  at will by the officers who appointed them. All board members,

23  including the chair, must be appointed to serve for 3-year

24  terms beginning annually on a date designated by the plan. Any

25  board vacancy shall be filled for the unexpired term by the

26  appointing officer. The Chief Financial Officer shall appoint

27  a technical advisory group to provide information and advice

28  to the board of governors in connection with the board's

29  duties under this subsection. The executive director and

30  senior managers of the corporation shall be engaged by the

31  board and serve at the pleasure of the board. Any executive


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    CS for SB 2498                                 First Engrossed



 1  director appointed on or after July 1, 2006, is subject to

 2  confirmation by the Senate. The executive director is

 3  responsible for employing other staff as the corporation may

 4  require, subject to review and concurrence by the board.

 5         b.  The board shall create a Market Accountability

 6  Advisory Committee to assist the corporation in developing

 7  awareness of its rates and its customer and agent service

 8  levels in relationship to the voluntary market insurers

 9  writing similar coverage. The members of the advisory

10  committee shall consist of the following 11 persons, one of

11  whom must be elected chair by the members of the committee:

12  four representatives, one appointed by the Florida Association

13  of Insurance Agents, one by the Florida Association of

14  Insurance and Financial Advisors, one by the Professional

15  Insurance Agents of Florida, and one by the Latin American

16  Association of Insurance Agencies; three representatives

17  appointed by the insurers with the three highest voluntary

18  market share of residential property insurance business in the

19  state; one representative from the Office of Insurance

20  Regulation; one consumer appointed by the board who is insured

21  by the corporation at the time of appointment to the

22  committee; one representative appointed by the Florida

23  Association of Realtors; and one representative appointed by

24  the Florida Bankers Association. All members must serve for

25  3-year terms and may serve for consecutive terms. The

26  committee shall report to the corporation at each board

27  meeting on insurance market issues which may include rates and

28  rate competition with the voluntary market; service, including

29  policy issuance, claims processing, and general responsiveness

30  to policyholders, applicants, and agents; and matters relating

31  to depopulation.


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    CS for SB 2498                                 First Engrossed



 1         5.  Must provide a procedure for determining the

 2  eligibility of a risk for coverage, as follows:

 3         a.  Subject to the provisions of s. 627.3517, with

 4  respect to personal lines residential risks, if the risk is

 5  offered coverage from an authorized insurer at the insurer's

 6  approved rate under either a standard policy including wind

 7  coverage or, if consistent with the insurer's underwriting

 8  rules as filed with the office, a basic policy including wind

 9  coverage, for a new application to the corporation for

10  coverage, the risk is not eligible for any policy issued by

11  the corporation unless the premium for coverage from the

12  authorized insurer is more than 15 25 percent greater than the

13  premium for comparable coverage from the corporation. If the

14  risk is not able to obtain any such offer, the risk is

15  eligible for either a standard policy including wind coverage

16  or a basic policy including wind coverage issued by the

17  corporation; however, if the risk could not be insured under a

18  standard policy including wind coverage regardless of market

19  conditions, the risk shall be eligible for a basic policy

20  including wind coverage unless rejected under subparagraph 8.

21  However, with regard to a policyholder of the corporation, the

22  policyholder remains eligible for coverage from the

23  corporation regardless of any offer of coverage from an

24  authorized insurer or surplus lines insurer. The corporation

25  shall determine the type of policy to be provided on the basis

26  of objective standards specified in the underwriting manual

27  and based on generally accepted underwriting practices.

28         (I)  If the risk accepts an offer of coverage through

29  the market assistance plan or an offer of coverage through a

30  mechanism established by the corporation before a policy is

31  issued to the risk by the corporation or during the first 30


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    CS for SB 2498                                 First Engrossed



 1  days of coverage by the corporation, and the producing agent

 2  who submitted the application to the plan or to the

 3  corporation is not currently appointed by the insurer, the

 4  insurer shall:

 5         (A)  Pay to the producing agent of record of the

 6  policy, for the first year, an amount that is the greater of

 7  the insurer's usual and customary commission for the type of

 8  policy written or a fee equal to the usual and customary

 9  commission of the corporation; or

10         (B)  Offer to allow the producing agent of record of

11  the policy to continue servicing the policy for a period of

12  not less than 1 year and offer to pay the agent the greater of

13  the insurer's or the corporation's usual and customary

14  commission for the type of policy written.

15  

16  If the producing agent is unwilling or unable to accept

17  appointment, the new insurer shall pay the agent in accordance

18  with sub-sub-sub-subparagraph (A).

19         (II)  When the corporation enters into a contractual

20  agreement for a take-out plan, the producing agent of record

21  of the corporation policy is entitled to retain any unearned

22  commission on the policy, and the insurer shall:

23         (A)  Pay to the producing agent of record of the

24  corporation policy, for the first year, an amount that is the

25  greater of the insurer's usual and customary commission for

26  the type of policy written or a fee equal to the usual and

27  customary commission of the corporation; or

28         (B)  Offer to allow the producing agent of record of

29  the corporation policy to continue servicing the policy for a

30  period of not less than 1 year and offer to pay the agent the

31  


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    CS for SB 2498                                 First Engrossed



 1  greater of the insurer's or the corporation's usual and

 2  customary commission for the type of policy written.

 3  

 4  If the producing agent is unwilling or unable to accept

 5  appointment, the new insurer shall pay the agent in accordance

 6  with sub-sub-sub-subparagraph (A).

 7         b.  With respect to commercial lines residential risks,

 8  for a new application to the corporation for coverage, if the

 9  risk is offered coverage under a policy including wind

10  coverage from an authorized insurer at its approved rate, the

11  risk is not eligible for any policy issued by the corporation

12  unless the premium for coverage from the authorized insurer is

13  more than 15 25 percent greater than the premium for

14  comparable coverage from the corporation. If the risk is not

15  able to obtain any such offer, the risk is eligible for a

16  policy including wind coverage issued by the corporation.

17  However, with regard to a policyholder of the corporation, the

18  policyholder remains eligible for coverage from the

19  corporation regardless of any offer of coverage from an

20  authorized insurer or surplus lines insurer.

21         (I)  If the risk accepts an offer of coverage through

22  the market assistance plan or an offer of coverage through a

23  mechanism established by the corporation before a policy is

24  issued to the risk by the corporation or during the first 30

25  days of coverage by the corporation, and the producing agent

26  who submitted the application to the plan or the corporation

27  is not currently appointed by the insurer, the insurer shall:

28         (A)  Pay to the producing agent of record of the

29  policy, for the first year, an amount that is the greater of

30  the insurer's usual and customary commission for the type of

31  


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    CS for SB 2498                                 First Engrossed



 1  policy written or a fee equal to the usual and customary

 2  commission of the corporation; or

 3         (B)  Offer to allow the producing agent of record of

 4  the policy to continue servicing the policy for a period of

 5  not less than 1 year and offer to pay the agent the greater of

 6  the insurer's or the corporation's usual and customary

 7  commission for the type of policy written.

 8  

 9  If the producing agent is unwilling or unable to accept

10  appointment, the new insurer shall pay the agent in accordance

11  with sub-sub-sub-subparagraph (A).

12         (II)  When the corporation enters into a contractual

13  agreement for a take-out plan, the producing agent of record

14  of the corporation policy is entitled to retain any unearned

15  commission on the policy, and the insurer shall:

16         (A)  Pay to the producing agent of record of the

17  corporation policy, for the first year, an amount that is the

18  greater of the insurer's usual and customary commission for

19  the type of policy written or a fee equal to the usual and

20  customary commission of the corporation; or

21         (B)  Offer to allow the producing agent of record of

22  the corporation policy to continue servicing the policy for a

23  period of not less than 1 year and offer to pay the agent the

24  greater of the insurer's or the corporation's usual and

25  customary commission for the type of policy written.

26  

27  If the producing agent is unwilling or unable to accept

28  appointment, the new insurer shall pay the agent in accordance

29  with sub-sub-sub-subparagraph (A).

30         6.  Must provide by July 1, 2007, that an application

31  for coverage for a new policy is subject to a waiting period


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    CS for SB 2498                                 First Engrossed



 1  of 10 days before coverage is effective, during which time the

 2  corporation shall make such application available for review

 3  by general lines agents and authorized property and casualty

 4  insurers. The board shall approve an exception that allows for

 5  coverage to be effective before the end of the 10-day waiting

 6  period, for coverage issued in conjunction with a real estate

 7  closing. The board may approve such other exceptions as the

 8  board determines are necessary to prevent lapses in coverage.

 9         7.  Must include rules for classifications of risks and

10  rates therefor.

11         8.  Must provide that if premium and investment income

12  for an account attributable to a particular calendar year are

13  in excess of projected losses and expenses for the account

14  attributable to that year, such excess shall be held in

15  surplus in the account. Such surplus shall be available to

16  defray deficits in that account as to future years and shall

17  be used for that purpose prior to assessing assessable

18  insurers and assessable insureds as to any calendar year.

19         9.  Must provide objective criteria and procedures to

20  be uniformly applied for all applicants in determining whether

21  an individual risk is so hazardous as to be uninsurable. In

22  making this determination and in establishing the criteria and

23  procedures, the following shall be considered:

24         a.  Whether the likelihood of a loss for the individual

25  risk is substantially higher than for other risks of the same

26  class; and

27         b.  Whether the uncertainty associated with the

28  individual risk is such that an appropriate premium cannot be

29  determined.

30  

31  


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    CS for SB 2498                                 First Engrossed



 1  The acceptance or rejection of a risk by the corporation shall

 2  be construed as the private placement of insurance, and the

 3  provisions of chapter 120 shall not apply.

 4         10.  Must provide that the corporation shall make its

 5  best efforts to procure catastrophe reinsurance at reasonable

 6  rates, to cover its projected 100-year probable maximum loss

 7  as determined by the board of governors.

 8         11.  Must provide that in the event of regular deficit

 9  assessments under sub-subparagraph (b)3.a. or sub-subparagraph

10  (b)3.b., in the personal lines account, the commercial lines

11  residential account, or the high-risk account, the corporation

12  shall levy upon corporation policyholders in its next rate

13  filing, or by a separate rate filing solely for this purpose,

14  a Citizens policyholder surcharge arising from a regular

15  assessment in such account in a percentage equal to the total

16  amount of such regular assessments divided by the aggregate

17  statewide direct written premium for subject lines of business

18  for the prior calendar year. For purposes of calculating the

19  Citizens policyholder surcharge to be levied under this

20  subparagraph, the total amount of the regular assessment to

21  which this surcharge is related shall be determined as set

22  forth in subparagraph (b)3., without deducting the estimated

23  Citizens policyholder surcharge. Citizens policyholder

24  surcharges under this subparagraph are not considered premium

25  and are not subject to commissions, fees, or premium taxes;

26  however, failure to pay a market equalization surcharge shall

27  be treated as failure to pay premium.

28         12.  The policies issued by the corporation must

29  provide that, if the corporation or the market assistance plan

30  obtains an offer from an authorized insurer to cover the risk

31  at its approved rates, the risk is no longer eligible for


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    CS for SB 2498                                 First Engrossed



 1  renewal through the corporation, except as otherwise provided

 2  in this subsection.

 3         13.  Corporation policies and applications must include

 4  a notice that the corporation policy could, under this

 5  section, be replaced with a policy issued by an authorized

 6  insurer that does not provide coverage identical to the

 7  coverage provided by the corporation. The notice shall also

 8  specify that acceptance of corporation coverage creates a

 9  conclusive presumption that the applicant or policyholder is

10  aware of this potential.

11         14.  May establish, subject to approval by the office,

12  different eligibility requirements and operational procedures

13  for any line or type of coverage for any specified county or

14  area if the board determines that such changes to the

15  eligibility requirements and operational procedures are

16  justified due to the voluntary market being sufficiently

17  stable and competitive in such area or for such line or type

18  of coverage and that consumers who, in good faith, are unable

19  to obtain insurance through the voluntary market through

20  ordinary methods would continue to have access to coverage

21  from the corporation. When coverage is sought in connection

22  with a real property transfer, such requirements and

23  procedures shall not provide for an effective date of coverage

24  later than the date of the closing of the transfer as

25  established by the transferor, the transferee, and, if

26  applicable, the lender.

27         15.  Must provide that, with respect to the high-risk

28  account, any assessable insurer with a surplus as to

29  policyholders of $25 million or less writing 25 percent or

30  more of its total countrywide property insurance premiums in

31  this state may petition the office, within the first 90 days


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    CS for SB 2498                                 First Engrossed



 1  of each calendar year, to qualify as a limited apportionment

 2  company. A regular assessment levied by the corporation on a

 3  limited apportionment company for a deficit incurred by the

 4  corporation for the high-risk account in 2006 or thereafter

 5  may be paid to the corporation on a monthly basis as the

 6  assessments are collected by the limited apportionment company

 7  from its insureds pursuant to s. 627.3512, but the regular

 8  assessment must be paid in full within 12 months after being

 9  levied by the corporation. A limited apportionment company

10  shall collect from its policyholders any emergency assessment

11  imposed under sub-subparagraph (b)3.d. The plan shall provide

12  that, if the office determines that any regular assessment

13  will result in an impairment of the surplus of a limited

14  apportionment company, the office may direct that all or part

15  of such assessment be deferred as provided in subparagraph

16  (g)4. However, there shall be no limitation or deferment of an

17  emergency assessment to be collected from policyholders under

18  sub-subparagraph (b)3.d.

19         16.  Must provide that the corporation appoint as its

20  licensed agents only those agents who also hold an appointment

21  as defined in s. 626.015(3) with an insurer who at the time of

22  the agent's initial appointment by the corporation is

23  authorized to write and is actually writing personal lines

24  residential property coverage, commercial residential property

25  coverage, or commercial nonresidential property coverage

26  within the state.

27         17.  Must provide, by July 1, 2007, a premium payment

28  plan option to its policyholders which allows for quarterly

29  and semiannual payment of premiums.

30         18.  Must provide, effective June 1, 2007, that the

31  corporation contract with each insurer providing the non-wind


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    CS for SB 2498                                 First Engrossed



 1  coverage for risks insured by the corporation in the high-risk

 2  account, requiring that the insurer provide claims adjusting

 3  services for the wind coverage provided by the corporation for

 4  such risks. An insurer is required to enter into this contract

 5  as a condition of providing non-wind coverage for a risk that

 6  is insured by the corporation in the high-risk account unless

 7  the board finds, after a hearing, that the insurer is not

 8  capable of providing adjusting services at an acceptable level

 9  of quality to corporation policyholders. The terms and

10  conditions of such contracts must be substantially the same as

11  the contracts that the corporation executed with insurers

12  under the "adjust-your-own" program in 2006, except as may be

13  mutually agreed to by the parties and except for such changes

14  that the board determines are necessary to ensure that claims

15  are adjusted appropriately. The corporation shall provide a

16  process for neutral arbitration of any dispute between the

17  corporation and the insurer regarding the terms of the

18  contract. The corporation shall review and monitor the

19  performance of insurers under these contracts.

20         18.19.  Must limit coverage on mobile homes or

21  manufactured homes built prior to 1994 to actual cash value of

22  the dwelling rather than replacement costs of the dwelling.

23         19.20.  May provide such limits of coverage as the

24  board determines, consistent with the requirements of this

25  subsection.

26         20.21.  May require commercial property to meet

27  specified hurricane mitigation construction features as a

28  condition of eligibility for coverage.

29         (m)1.  Rates for coverage provided by the corporation

30  shall be actuarially sound and subject to the requirements of

31  s. 627.062, except as otherwise provided in this paragraph.


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    CS for SB 2498                                 First Engrossed



 1  The corporation shall file its recommended rates with the

 2  office at least annually. The corporation shall provide any

 3  additional information regarding the rates which the office

 4  requires. The office shall consider the recommendations of the

 5  board and issue a final order establishing the rates for the

 6  corporation within 45 days after the recommended rates are

 7  filed. The corporation may not pursue an administrative

 8  challenge or judicial review of the final order of the office.

 9         2.  In addition to the rates otherwise determined

10  pursuant to this paragraph, the corporation shall impose and

11  collect an amount equal to the premium tax provided for in s.

12  624.509 to augment the financial resources of the corporation.

13         3.  After the public hurricane loss-projection model

14  under s. 627.06281 has been found to be accurate and reliable

15  by the Florida Commission on Hurricane Loss Projection

16  Methodology, that model shall serve as the minimum benchmark

17  for determining the windstorm portion of the corporation's

18  rates. This subparagraph does not require or allow the

19  corporation to adopt rates lower than the rates otherwise

20  required or allowed by this paragraph.

21         4.  The rate filings for the corporation which were

22  approved by the office and which took effect January 1, 2007,

23  are rescinded, except for those rates that were lowered. As

24  soon as possible, the corporation shall begin using the lower

25  rates that were in effect on December 31, 2006, and shall

26  provide refunds to policyholders who have paid higher rates as

27  a result of that rate filing. The rates in effect on December

28  31, 2006, shall remain in effect for the 2007 and 2008

29  calendar years year except for any rate change that results in

30  a lower rate. The next rate change that may increase rates

31  shall take effect January 1, 2009 2008, pursuant to a new rate


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    CS for SB 2498                                 First Engrossed



 1  filing recommended by the corporation and established by the

 2  office, subject to the requirements of this paragraph.

 3         (r)1.  There shall be no liability on the part of, and

 4  no cause of action of any nature shall arise against, any

 5  assessable insurer or its agents or employees, the corporation

 6  or its agents or employees, members of the board of governors

 7  or their respective designees at a board meeting, corporation

 8  committee members, or the office or its representatives, for

 9  any action taken by them in the performance of their duties or

10  responsibilities under this subsection. Such immunity does not

11  apply to:

12         a.1.  Any of the foregoing persons or entities for any

13  willful tort;

14         b.2.  The corporation or its producing agents for

15  breach of any contract or agreement pertaining to insurance

16  coverage;

17         c.3.  The corporation with respect to issuance or

18  payment of debt; or

19         d.4.  Any assessable insurer with respect to any action

20  to enforce an assessable insurer's obligations to the

21  corporation under this subsection; or.

22         e.  The corporation in any pending or future action for

23  breach of contract or for benefits under a policy issued by

24  the corporation; in any such action, the corporation shall be

25  liable to the policyholders and beneficiaries for attorney's

26  fees under s. 627.428; or

27         2.  The corporation shall manage its claim employees,

28  independent adjusters, and others who handle claims to ensure

29  they carry out the corporation's duty to its policyholders to

30  handle claims carefully, timely, diligently, and in good

31  faith, balanced against the corporation's duty to the state to


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    CS for SB 2498                                 First Engrossed



 1  manage its assets responsibly to minimize its assessment

 2  potential.

 3         (ff)  The office may establish a pilot program to offer

 4  optional sinkhole coverage in one or more counties or other

 5  territories of the corporation for the purpose of implementing

 6  s. 627.706, as amended by s. 30 of chapter 2007-1, Laws of

 7  Florida. Under the pilot program, the corporation is not

 8  required to issue a notice of nonrenewal to exclude sinkhole

 9  coverage upon the renewal of existing policies, but may

10  exclude such coverage using a notice of coverage change.

11         Section 5.  Subsection (11) is added to section

12  627.062, Florida Statutes, as amended by section 18 of chapter

13  2007-1, Laws of Florida, to read:

14         627.062  Rate standards.--

15         (11)  Any interest paid pursuant to s. 627.70131(5) may

16  not be included in the insurer's rate base and may not be used

17  to justify a rate or rate change.

18         Section 6.  Paragraph (i) of subsection (1) of section

19  626.9541, Florida Statutes, is amended to read:

20         626.9541  Unfair methods of competition and unfair or

21  deceptive acts or practices defined.--

22         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

23  DECEPTIVE ACTS.--The following are defined as unfair methods

24  of competition and unfair or deceptive acts or practices:

25         (i)  Unfair claim settlement practices.--

26         1.  Attempting to settle claims on the basis of an

27  application, when serving as a binder or intended to become a

28  part of the policy, or any other material document which was

29  altered without notice to, or knowledge or consent of, the

30  insured;

31  


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    CS for SB 2498                                 First Engrossed



 1         2.  A material misrepresentation made to an insured or

 2  any other person having an interest in the proceeds payable

 3  under such contract or policy, for the purpose and with the

 4  intent of effecting settlement of such claims, loss, or damage

 5  under such contract or policy on less favorable terms than

 6  those provided in, and contemplated by, such contract or

 7  policy; or

 8         3.  A violation of s. 627.70131(5), if the insurer's

 9  handling of the claim is found to be dishonest or in reckless

10  disregard for the rights of any insured;

11         4.  Failing to pay undisputed amounts of partial or

12  full benefits under first-party property insurance policies

13  within 30 days after determining the amounts of partial or

14  full benefits and agreeing to coverage; or

15         5.3.  Committing or performing with such frequency as

16  to indicate a general business practice any of the following:

17         a.  Failing to adopt and implement standards for the

18  proper investigation of claims;

19         b.  Misrepresenting pertinent facts or insurance policy

20  provisions relating to coverages at issue;

21         c.  Failing to acknowledge and act promptly upon

22  communications with respect to claims;

23         d.  Denying claims without conducting reasonable

24  investigations based upon available information;

25         e.  Failing to affirm or deny full or partial coverage

26  of claims, and, as to partial coverage, the dollar amount or

27  extent of coverage, or failing to provide a written statement

28  that the claim is being investigated, upon the written request

29  of the insured within 30 days after proof-of-loss statements

30  have been completed;

31  


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    CS for SB 2498                                 First Engrossed



 1         f.  Failing to promptly provide a reasonable

 2  explanation in writing to the insured of the basis in the

 3  insurance policy, in relation to the facts or applicable law,

 4  for denial of a claim or for the offer of a compromise

 5  settlement;

 6         g.  Failing to promptly notify the insured of any

 7  additional information necessary for the processing of a

 8  claim; or

 9         h.  Failing to clearly explain the nature of the

10  requested information and the reasons why such information is

11  necessary.

12         Section 7.  Subsections (4) and (5) of section

13  627.70131, Florida Statutes, as amended by section 27 of

14  chapter 2007-1, Laws of Florida, are amended to read:

15         627.70131  Insurer's duty to acknowledge communications

16  regarding claims; investigation.--

17         (4)  For purposes of this section, the term "claim"

18  means any of the following:

19         (a)  A claim under an insurance policy providing

20  residential coverage as defined in s. 627.4025(1);

21         (b)  A claim for structural or contents coverage under

22  a commercial property insurance policy if the insured

23  structure is 10,000 square fee or less; or

24         (c)  A claim for contents coverage under a commercial

25  tenants policy if the insured premises is 10,000 square feet

26  or less. "insurer" means any residential property insurer.

27         (5)  Within 90 days after an insurer receives notice of

28  a property insurance claim from a policyholder under a policy

29  providing residential coverage as defined in s. 627.4025, the

30  insurer shall pay or deny such claim or a portion of the claim

31  unless the failure to pay such claim or a portion of the claim


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    CS for SB 2498                                 First Engrossed



 1  is caused by factors beyond the control of the insurer which

 2  reasonably prevent such payment. Any payment of a claim or

 3  portion of a claim paid 90 days after the insurer receives

 4  notice of the claim, or paid more than 15 days after there are

 5  no longer factors beyond the control of the insurer which

 6  reasonably prevented such payment, whichever is later, shall

 7  bear interest at the rate set forth in s. 55.03. Interest

 8  begins to accrue from the date the insurer receives notice of

 9  the claim. The provisions of this subsection may not be

10  waived, voided, or nullified by the terms of the insurance

11  policy. If there is a right to prejudgment interest, the

12  insured shall select whether to receive prejudgment interest

13  or interest under this subsection. Interest is payable when

14  the claim or portion of the claim is paid. Failure to comply

15  with this subsection constitutes a violation of this code.

16         Section 8.  Effective January 1, 2008, and

17  notwithstanding any other provision of law:

18         (1)  A new certificate of authority for the transaction

19  of residential property insurance may not be issued to any

20  insurer domiciled in this state which is a wholly owned

21  subsidiary of an insurer authorized to do business in any

22  other state.

23         (2)  The rate filings of any insurer domiciled in this

24  state that is a wholly owned subsidiary of an insurer

25  authorized to do business in any other state shall include

26  information relating to the profits of the parent company of

27  the insurer domiciled in this state.

28         Section 9.  Subsection (2) of section 626.9201, Florida

29  Statutes, is amended to read:

30         626.9201  Notice of cancellation or nonrenewal.--

31  


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    CS for SB 2498                                 First Engrossed



 1         (2)  An insurer issuing a policy providing coverage for

 2  property, casualty, surety, or marine insurance shall give the

 3  named insured written notice of cancellation or termination

 4  other than nonrenewal at least 45 days prior to the effective

 5  date of the cancellation or termination, including in the

 6  written notice the reason or reasons for the cancellation or

 7  termination, except that:

 8         (a)  When cancellation is for nonpayment of premium, at

 9  least 10 days' written notice of cancellation accompanied by

10  the reason therefor shall be given. As used in this paragraph,

11  the term "nonpayment of premium" means the failure of the

12  named insured to discharge when due any of his or her

13  obligations in connection with the payment of premiums on a

14  policy or an installment of such a premium, whether the

15  premium or installment is payable directly to the insurer or

16  its agent or indirectly under any plan for financing premiums

17  or extension of credit or the failure of the named insured to

18  maintain membership in an organization if such membership is a

19  condition precedent to insurance coverage. The term also

20  includes the failure of a financial institution to honor the

21  check of an applicant for insurance which was delivered to a

22  licensed agent for payment of a premium, even if the agent

23  previously delivered or transferred the premium to the

24  insurer. If a dishonored check represents payment of the

25  initial premium, the contract, and all contractual obligations

26  are void ab initio unless the nonpayment is cured within the

27  earlier of 5 days after actual notice by certified mail is

28  received by the applicant or 15 days after notice is sent to

29  the applicant by certified mail or registered mail, and, if

30  the contract is void, any premium received by the insurer from

31  a third party shall be refunded to that party in full; and


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    CS for SB 2498                                 First Engrossed



 1         (b)  When such cancellation or termination occurs

 2  during the first 90 days during which the insurance is in

 3  force and the insurance is canceled or terminated for reasons

 4  other than nonpayment, at least 20 days' written notice of

 5  cancellation or termination accompanied by the reason therefor

 6  shall be given except where there has been a material

 7  misstatement or misrepresentation or failure to comply with

 8  the underwriting requirements established by the insurer.

 9         Section 10.  Except as otherwise expressly provided in

10  this act, this act shall take effect upon becoming a law.

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