| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicle and casualty insurance |
| 3 | contracts; amending s. 627.728, F.S.; prohibiting an |
| 4 | insurer from conditioning the renewal of a policy upon a |
| 5 | change of limits, elimination of any coverages, or |
| 6 | increase in premium unless the insurer provides written |
| 7 | notice in advance to the insured or the insured's |
| 8 | insurance agent; requiring that the specific reason or |
| 9 | reasons for any conditioned renewal or increase in premium |
| 10 | be included in or with such notice; providing exceptions; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Present subsections (5) through (12) of section |
| 16 | 627.728, Florida Statutes, are renumbered as subsections (6) |
| 17 | through (13), respectively, and a new subsection (5) is added to |
| 18 | that section, to read: |
| 19 | 627.728 Cancellations; nonrenewals.-- |
| 20 | (5) An insurer may not condition the renewal of a policy |
| 21 | upon a change of limits, elimination of any coverages, or |
| 22 | payment of increased premium unless the insurer, at least 45 |
| 23 | days in advance of such conditioned renewal, mails or delivers |
| 24 | to the named insured, at the address listed on the policy, and |
| 25 | to the named insured's insurance agent at her or his business |
| 26 | address, written notice of the insurer's intention to condition |
| 27 | a renewal upon a change of limits, elimination of any coverages, |
| 28 | or payment of increased premium. The specific reason or reasons |
| 29 | for any conditioned renewal or increase in premium must be |
| 30 | included in or with the notice. This paragraph does not apply if |
| 31 | the named insured, an agent or broker authorized by the named |
| 32 | insured, or an insurer of the named insured has mailed or |
| 33 | delivered written notice to the insurer that the insured intends |
| 34 | to cancel or not to renew the policy, or that the policy has |
| 35 | been replaced. |
| 36 | Section 2. This act shall take effect July 1, 2008. |