Florida Senate - 2008 SB 2338

By Senator Aronberg

27-02385A-08 20082338__

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

13

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

14

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 payment

22

of increased premium unless the insurer, at least 45 days in

23

advance of such conditioned renewal, mails or delivers to the

24

named insured, at the address listed on the policy, and to the

25

named insured's insurance agent at her or his business address,

26

written notice of the insurer's intention to condition a renewal

27

upon a change of limits, elimination of any coverages, or payment

28

of increased premium. The specific reason or reasons for any

29

conditioned renewal or increase in premium must be included in or

30

with the notice. This paragraph does not apply if the named

31

insured, an agent or broker authorized by the named insured, or

32

an insurer of the named insured has mailed or delivered written

33

notice to the insurer that the insured intends to cancel or not

34

to renew the policy, or that the policy has been replaced.

35

     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.