Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 4-A
                        Barcode 650864
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       01/17/2007 11:09 AM         .                    
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 3         Floor: 7/AD/2R          .                    
       01/17/2007 02:29 PM         .                    
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11  The Committee on Banking and Insurance (Deutch) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 91, line 11,through
16            page 97, line 15, delete those lines
17  
18  and insert:  
19         Section 20.  Section 627.062, Florida Statutes, is
20  amended to read:
21         627.062  Rate standards.--
22         (1)  The rates for all classes of insurance to which
23  the provisions of this part are applicable shall not be
24  excessive, inadequate, or unfairly discriminatory.
25         (2)  As to all such classes of insurance:
26         (a)  Insurers or rating organizations shall establish
27  and use rates, rating schedules, or rating manuals to allow
28  the insurer a reasonable rate of return on such classes of
29  insurance written in this state.  A copy of rates, rating
30  schedules, rating manuals, premium credits or discount
31  schedules, and surcharge schedules, and changes thereto, shall
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 650864 1 be filed with the office under one of the following 2 procedures: 3 1. If the filing is made at least 90 days before the 4 proposed effective date and the filing may not be is not 5 implemented during the office's review of the filing and any 6 proceeding and judicial review, then such filing shall be 7 considered a "file and use" filing. In such case, The office 8 shall finalize its review by issuance of a notice of intent to 9 approve or a notice of intent to disapprove within 90 days 10 after receipt of the filing. The notice of intent to approve 11 and the notice of intent to disapprove constitute agency 12 action for purposes of the Administrative Procedure Act. 13 Requests for supporting information, requests for mathematical 14 or mechanical corrections, or notification to the insurer by 15 the office of its preliminary findings shall not toll the 16 90-day period during any such proceedings and subsequent 17 judicial review. The rate shall be deemed approved if the 18 office does not issue a notice of intent to approve or a 19 notice of intent to disapprove within 90 days after receipt of 20 the filing. 21 2. If the filing is not made in accordance with the 22 provisions of subparagraph 1., such filing shall be made as 23 soon as practicable, but no later than 30 days after the 24 effective date, and shall be considered a "use and file" 25 filing. An insurer making a "use and file" filing is 26 potentially subject to an order by the office to return to 27 policyholders portions of rates found to be excessive, as 28 provided in paragraph (h). 29 (b) Upon receiving a rate filing, the office shall 30 review the rate filing to determine if a rate is excessive, 31 inadequate, or unfairly discriminatory. In making that 2 10:55 AM 01/17/07 s0004A.bi30.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 650864 1 determination, the office shall, in accordance with generally 2 accepted and reasonable actuarial techniques, consider the 3 following factors: 4 1. Past and prospective loss experience within and 5 without this state. 6 2. Past and prospective expenses. 7 3. The degree of competition among insurers for the 8 risk insured. 9 4. Investment income reasonably expected by the 10 insurer, consistent with the insurer's investment practices, 11 from investable premiums anticipated in the filing, plus any 12 other expected income from currently invested assets 13 representing the amount expected on unearned premium reserves 14 and loss reserves. The commission may adopt rules utilizing 15 reasonable techniques of actuarial science and economics to 16 specify the manner in which insurers shall calculate 17 investment income attributable to such classes of insurance 18 written in this state and the manner in which such investment 19 income shall be used in the calculation of insurance rates. 20 Such manner shall contemplate allowances for an underwriting 21 profit factor and full consideration of investment income 22 which produce a reasonable rate of return; however, investment 23 income from invested surplus shall not be considered. 24 5. The reasonableness of the judgment reflected in the 25 filing. 26 6. Dividends, savings, or unabsorbed premium deposits 27 allowed or returned to Florida policyholders, members, or 28 subscribers. 29 7. The adequacy of loss reserves. 30 8. The cost of reinsurance. 31 9. Trend factors, including trends in actual losses 3 10:55 AM 01/17/07 s0004A.bi30.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 650864 1 per insured unit for the insurer making the filing. 2 10. Conflagration and catastrophe hazards, if 3 applicable. 4 11. A reasonable margin for underwriting profit and 5 contingencies. For that portion of the rate covering the risk 6 of hurricanes and other catastrophic losses for which the 7 insurer has not purchased reinsurance and has exposed its 8 capital and surplus to such risk, the office must approve a 9 rating factor that provides the insurer a reasonable rate of 10 return that is commensurate with such risk. 11 12. The cost of medical services, if applicable. 12 13. Other relevant factors which impact upon the 13 frequency or severity of claims or upon expenses. 14 (c) In the case of fire insurance rates, consideration 15 shall be given to the availability of water supplies and the 16 experience of the fire insurance business during a period of 17 not less than the most recent 5-year period for which such 18 experience is available. 19 (d) If conflagration or catastrophe hazards are given 20 consideration by an insurer in its rates or rating plan, 21 including surcharges and discounts, the insurer shall 22 establish a reserve for that portion of the premium allocated 23 to such hazard and shall maintain the premium in a catastrophe 24 reserve. Any removal of such premiums from the reserve for 25 purposes other than paying claims associated with a 26 catastrophe or purchasing reinsurance for catastrophes shall 27 be subject to approval of the office. Any ceding commission 28 received by an insurer purchasing reinsurance for catastrophes 29 shall be placed in the catastrophe reserve. 30 (e) After consideration of the rate factors provided 31 in paragraphs (b), (c), and (d), a rate may be found by the 4 10:55 AM 01/17/07 s0004A.bi30.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 650864 1 office to be excessive, inadequate, or unfairly discriminatory 2 based upon the following standards: 3 1. Rates shall be deemed excessive if they are likely 4 to produce a profit from Florida business that is unreasonably 5 high in relation to the risk involved in the class of business 6 or if expenses are unreasonably high in relation to services 7 rendered. 8 2. Rates shall be deemed excessive if, among other 9 things, the rate structure established by a stock insurance 10 company provides for replenishment of surpluses from premiums, 11 when the replenishment is attributable to investment losses. 12 3. 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 class of business to which they apply. 16 4. A rating plan, including discounts, credits, or 17 surcharges, shall be deemed unfairly discriminatory if it 18 fails to clearly and equitably reflect consideration of the 19 policyholder's participation in a risk management program 20 adopted pursuant to s. 627.0625. 21 5. A rate shall be deemed inadequate as to the premium 22 charged to a risk or group of risks if discounts or credits 23 are allowed which exceed a reasonable reflection of expense 24 savings and reasonably expected loss experience from the risk 25 or group of risks. 26 6. A rate shall be deemed unfairly discriminatory as 27 to a risk or group of risks if the application of premium 28 discounts, credits, or surcharges among such risks does not 29 bear a reasonable relationship to the expected loss and 30 expense experience among the various risks. 31 (f) In reviewing a rate filing, the office may require 5 10:55 AM 01/17/07 s0004A.bi30.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 650864 1 the insurer to provide at the insurer's expense all 2 information necessary to evaluate the condition of the company 3 and the reasonableness of the filing according to the criteria 4 enumerated in this section. 5 (g) The office may at any time review a rate, rating 6 schedule, rating manual, or rate change; the pertinent records 7 of the insurer; and market conditions. If the office finds on 8 a preliminary basis that a rate may be excessive, inadequate, 9 or unfairly discriminatory, the office shall initiate 10 proceedings to disapprove the rate and shall so notify the 11 insurer. However, the office may not disapprove as excessive 12 any rate for which it has given final approval or which has 13 been deemed approved for a period of 1 year after the 14 effective date of the filing unless the office finds that a 15 material misrepresentation or material error was made by the 16 insurer or was contained in the filing. Upon being so 17 notified, the insurer or rating organization shall, within 60 18 days, file with the office all information which, in the 19 belief of the insurer or organization, proves the 20 reasonableness, adequacy, and fairness of the rate or rate 21 change. The office shall issue a notice of intent to approve 22 or a notice of intent to disapprove pursuant to the procedures 23 of paragraph (a) within 90 days after receipt of the insurer's 24 initial response. In such instances and in any administrative 25 proceeding relating to the legality of the rate, the insurer 26 or rating organization shall carry the burden of proof by a 27 preponderance of the evidence to show that the rate is not 28 excessive, inadequate, or unfairly discriminatory. After the 29 office notifies an insurer that a rate may be excessive, 30 inadequate, or unfairly discriminatory, unless the office 31 withdraws the notification, the insurer shall not alter the 6 10:55 AM 01/17/07 s0004A.bi30.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 4-A Barcode 650864 1 rate except to conform with the office's notice until the 2 earlier of 120 days after the date the notification was 3 provided or 180 days after the date of the implementation of 4 the rate. The office may, subject to chapter 120, disapprove 5 without the 60-day notification any rate increase filed by an 6 insurer within the prohibited time period or during the time 7 that the legality of the increased rate is being contested. 8 (h) In the event the office finds that a rate or rate 9 change is excessive, inadequate, or unfairly discriminatory, 10 the office shall issue an order of disapproval specifying that 11 a new rate or rate schedule which responds to the findings of 12 the office be filed by the insurer. The office shall further 13 order, for any "use and file" filing made in accordance with 14 subparagraph (a)2., that premiums charged each policyholder 15 constituting the portion of the rate above that which was 16 actuarially justified be returned to such policyholder in the 17 form of a credit or refund. If the office finds that an 18 insurer's rate or rate change is inadequate, the new rate or 19 rate schedule filed with the office in response to such a 20 finding shall be applicable only to new or renewal business of 21 the insurer written on or after the effective date of the 22 responsive filing. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 On page 6, line 7, after the second semicolon, 28 29 insert: 30 deleting provisions allowing property and 31 casualty insurers to use and file rates; 7 10:55 AM 01/17/07 s0004A.bi30.00a