Florida Senate - 2008 SB 2338
By Senator Aronberg
27-02385A-08 20082338__
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A bill to be entitled
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An act relating to motor vehicle and casualty insurance
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contracts; amending s. 627.728, F.S.; prohibiting an
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insurer from conditioning the renewal of a policy upon a
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change of limits, elimination of any coverages, or
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increase in premium unless the insurer provides written
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notice in advance to the insured or the insured's
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insurance agent; requiring that the specific reason or
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reasons for any conditioned renewal or increase in premium
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be included in or with such notice; providing exceptions;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (5) through (12) of section
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627.728, Florida Statutes, are renumbered as subsections (6)
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through (13), respectively, and a new subsection (5) is added to
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that section, to read:
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627.728 Cancellations; nonrenewals.--
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(5) An insurer may not condition the renewal of a policy
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upon a change of limits, elimination of any coverages, or payment
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of increased premium unless the insurer, at least 45 days in
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advance of such conditioned renewal, mails or delivers to the
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named insured, at the address listed on the policy, and to the
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named insured's insurance agent at her or his business address,
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written notice of the insurer's intention to condition a renewal
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upon a change of limits, elimination of any coverages, or payment
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of increased premium. The specific reason or reasons for any
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conditioned renewal or increase in premium must be included in or
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with the notice. This paragraph does not apply if the named
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insured, an agent or broker authorized by the named insured, or
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an insurer of the named insured has mailed or delivered written
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notice to the insurer that the insured intends to cancel or not
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to renew the policy, or that the policy has been replaced.
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.