Florida Senate - 2009 CS for SB 1894 By the Committee on Judiciary; and Senator Bennett 590-04066A-09 20091894c1 1 A bill to be entitled 2 An act relating to insurance; amending s. 626.913, 3 F.S.; providing for the nonapplication of certain 4 provisions of state law to surplus lines insurance 5 authorized under the Surplus Lines Law; providing an 6 exception; amending s. 626.924, F.S.; requiring that 7 surplus lines policies issued on or after a specified 8 date have a specified statement printed on the face of 9 the policy; creating s. 626.9371, F.S.; providing 10 methods of payment for premiums and claims regarding 11 surplus lines contracts issued on or after a specified 12 date; requiring a written authorization to complete 13 payment under certain circumstances; providing for 14 waiver of such requirement; providing that an insurer 15 remains liable for payment of a claim if corresponding 16 funds are misdirected; creating s. 626.9372, F.S.; 17 requiring that certain insurers provide a disclosure 18 statement to a claimant under certain circumstances; 19 requiring that such statement include certain 20 information; requiring that an insurer disclose 21 certain additional information upon the request of a 22 claimant; requiring the amendment of such statement 23 under certain circumstances; creating s. 626.9373, 24 F.S.; providing for the payment of attorney’s fees in 25 cases involving surplus lines insurers at the trial 26 and appellate levels; amending s. 626.9374, F.S.; 27 requiring that a surplus lines policy containing a 28 separate hurricane or wind deductible issued on or 29 after a specified date have a specified statement 30 printed on the face of the policy; requiring that a 31 surplus lines policy containing a coinsurance 32 provision applicable to hurricane or wind losses 33 issued on or after a specified date have a specified 34 statement printed on the face of the policy; providing 35 for severability; providing for the retroactive 36 applicability of certain provisions; providing an 37 effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Subsection (4) is added to section 626.913, 42 Florida Statutes, to read: 43 626.913 Surplus Lines Law; short title; purposes.— 44 (4) Except as may be specifically stated to apply to 45 surplus lines insurers, the provisions of chapter 627 do not 46 apply to surplus lines insurance authorized under ss. 626.913 47 626.937, the Surplus Lines Law. 48 Section 2. Section 626.924, Florida Statutes, is amended to 49 read: 50 626.924 Information required on contract.—Each surplus 51 lines agent through whom a surplus lines coverage is procured 52 shall write or print on the outside of the policy and on any 53 certificate, cover note, or other confirmation of the insurance 54 his or her name, address, and identification number and the name 55 and address of the producing agent through whom the business 56 originated and shall have stamped or written upon the first page 57 of the policy or the certificate, cover note, or confirmation of 58 insurance the words: THIS INSURANCE IS ISSUED PURSUANT TO THE 59 FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES 60 CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE 61 GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE 62 OBLIGATION OF AN INSOLVENT UNLICENSED INSURER. Surplus lines 63 policies issued on or after October 1, 2009, shall have stamped 64 or printed on the face of the policy in at least 14-point, 65 boldface type, the following statement: SURPLUS LINES INSURERS’ 66 POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA 67 REGULATORY AGENCY. 68 Section 3. Section 626.9371, Florida Statutes, is created 69 to read: 70 626.9371 Payment of premiums and claims.— 71 (1) The premiums for surplus lines insurance contracts 72 issued on or after October 1, 2009, in this state or covering 73 risks located in this state shall be paid in cash consisting of 74 coins, currency, checks, or money orders or by using a debit 75 card, credit card, automatic electronic funds transfer, or 76 payroll deduction plan. 77 (2) All payments of claims made in this state under any 78 contract of surplus lines insurance issued on or after October 79 1, 2009, shall be made: 80 (a) In cash consisting of coins, currency, checks, drafts, 81 or money orders and, if made by check or draft, shall be in such 82 form as will comply with the standards for cash items adopted by 83 the Federal Reserve System to facilitate the sorting, routing, 84 and mechanized processing of such items; or 85 (b) By debit card or any other form of electronic transfer 86 if authorized in writing by the recipient or the recipient’s 87 representative. Any fees or costs to be charged against the 88 recipient must be disclosed in writing to the recipient or the 89 recipient’s representative at the time of written authorization. 90 However, the written authorization requirement may be waived by 91 the recipient or the recipient’s representative if the insurer 92 verifies the identity of the insured or the insured’s recipient 93 and does not charge a fee for the transaction. If the funds are 94 misdirected, the insurer remains liable for the payment of the 95 claim. 96 Section 4. Section 626.9372, Florida Statutes, is created 97 to read: 98 626.9372 Disclosure statement of certain information 99 required-liability claims.— 100 (1) Each insurer that provides or may provide liability 101 insurance coverage to pay all or a portion of any claim that 102 might be made under surplus lines policies issued on or after 103 October 1, 2009, shall provide, within 30 days after the written 104 request of the claimant, a statement of a corporate officer or 105 the insurer’s claims manager or superintendent setting forth the 106 following information with regard to each known policy of 107 insurance, including excess or umbrella insurance: 108 (a) The name of the insurer. 109 (b) The name of each insured. 110 (c) The limits of the liability coverage. 111 (d) A statement of any policy or coverage defense that such 112 insurer reasonably believes is available to such insurer at the 113 time of filing such statement. 114 (e) A copy of the policy. 115 116 In addition, the insured, or her or his insurance agent, upon 117 written request of the claimant or the claimant’s attorney, 118 shall disclose the name and coverage of each known insurer to 119 the claimant and forward such request for information as 120 required by this subsection to all affected insurers. The 121 insurer shall supply the information required in this subsection 122 to the claimant within 30 days after receipt of such request. 123 (2) The statement required by subsection (1) must be 124 amended within 30 days after the date of discovery of facts 125 necessitating an amendment to such statement. 126 Section 5. Section 626.9373, Florida Statutes, is created 127 to read: 128 626.9373 Attorney’s fees.— 129 (1) Upon the rendition of a judgment or decree by any court 130 of this state against a surplus lines insurer in favor of any 131 named or omnibus insured or the named beneficiary under a policy 132 or contract executed by the insurer on or after October 1, 2009, 133 the trial court or, if the insured or beneficiary prevails on 134 appeal, the appellate court, shall adjudge or decree against the 135 insurer in favor of the insured or beneficiary a reasonable sum 136 as fees or compensation for the insured’s or beneficiary’s 137 attorney prosecuting the lawsuit for which recovery is awarded. 138 (2) If awarded, attorney’s fees or compensation shall be 139 included in the judgment or decree rendered in the case. 140 Section 6. Section 626.9374, Florida Statutes, is created 141 to read: 142 626.9374 Liability of insureds; deductible and 143 coinsurance.— 144 (1) Any surplus lines, personal lines residential property 145 insurance policy issued on or after October 1, 2009, containing 146 a separate hurricane or wind deductible must on its face include 147 in at least 14-point, boldface type the following statement: 148 THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND 149 LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. 150 (2) A surplus lines, personal lines residential property 151 insurance policy issued on or after October 1, 2009, containing 152 a coinsurance provision applicable to hurricane or wind losses 153 must on its face include in at least 14-point, boldface type the 154 following statement: THIS POLICY CONTAINS A CO-PAY PROVISION 155 THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. 156 Section 7. If any provision of this act or the application 157 thereof to any person or circumstance is held invalid, the 158 invalidity shall not affect other provisions or applications of 159 the act which can be given effect without the invalid provision 160 or application, and to this end the provisions of this act are 161 severable. 162 Section 8. This act shall take effect upon becoming a law, 163 and section 1 of this act shall operate retroactively to October 164 1, 1988.