Florida Senate - 2009 CS for SB 2036 By the Committee on Banking and Insurance; and Senator Bennett 597-04424-09 20092036c1 1 A bill to be entitled 2 An act relating to residential property insurance; 3 amending s. 627.062, F.S.; authorizing certain 4 insurers to use a rate in excess of the otherwise 5 applicable filed rate; prohibiting the consideration 6 of certain policies when making a specified 7 calculation; preserving the authority of the Office of 8 Insurance Regulation to disapprove rates as inadequate 9 or disapprove a rate filing for using an unlawful 10 rating factor; authorizing the office to direct an 11 insurer to make a specified type of rate filing under 12 certain circumstances; creating s. 627.7031, F.S.; 13 authorizing an insurer to offer or renew policies at 14 rates established in accordance with specified 15 provisions of state law if certain conditions are met; 16 requiring that certain policies contain a specified 17 notice; providing for applicability; providing an 18 effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (k) is added to subsection (2) of 23 section 627.062, Florida Statutes, to read: 24 627.062 Rate standards.— 25 (2) As to all such classes of insurance: 26 (k)1. Insurers complying with the requirements of s. 27 627.7031 may use a rate in excess of the otherwise applicable 28 filed rate. 29 2. Policies subject to this paragraph may not be counted in 30 the calculation under s. 627.171(2). 31 3. Such rates shall be filed with the office. This 32 paragraph does not affect the authority of the office to 33 disapprove a rate as inadequate or to disapprove a rate filing 34 for using a rating factor that is unlawful under s. 626.9541(1). 35 Upon finding that an insurer has used a rating factor that is 36 unlawful under s. 626.9541(1), the office may direct the insurer 37 to make a filing for rates governed by this paragraph and which 38 do not use such rating factor. 39 40 The provisions of this subsection shall not apply to workers’ 41 compensation and employer’s liability insurance and to motor 42 vehicle insurance. 43 Section 2. Section 627.7031, Florida Statutes, is created 44 to read: 45 627.7031 Residential property insurance option.— 46 (1) An insurer may offer or renew policies at rates 47 established in accordance with s. 627.062(2)(k) if all of the 48 following conditions are met: 49 (a) The insurer is authorized to write property insurance 50 in this state. 51 (b)1. The insurer has, at the time of issuance of the 52 policy or at the time of first renewal at rates pursuant to s. 53 627.062(2)(k), surplus as to policyholders equal to or greater 54 than $500 million; or 55 2. The ratio of the insurer’s net written premium to its 56 surplus as to policyholders, as calculated based on the 57 information in the insurer’s most recent annual statement, does 58 not exceed two to one. For purposes of this subparagraph, the 59 calculation of net written premium shall consider only 60 reinsurance placed with reinsurers that have been given a 61 financial strength rating of “A” or better by the A.M. Best 62 Company, or have been given a comparable rating by another 63 rating agency which is generally considered accurate or 64 acceptable. 65 (c) The insurer may not purchase coverage relating to 66 temporary increase in coverage limit options under s. 67 215.555(17) from the Florida Hurricane Catastrophe Fund. 68 (d) Before the issuance or renewal of a policy at rates 69 established in accordance with s. 627.062(2)(k), the applicant 70 or insured must be given the following notice, printed in at 71 least 12-point boldfaced type: 72 73 THE RATE FOR THIS POLICY IS NOT REGULATED BY THE FLORIDA 74 OFFICE OF INSURANCE REGULATION AND MAY BE HIGHER THAN THE RATE 75 APPROVED BY THAT OFFICE. A RESIDENTIAL PROPERTY POLICY SUBJECT 76 TO FULL RATE REGULATION REQUIREMENTS MAY BE AVAILABLE FROM THIS 77 INSURER, ANOTHER INSURER, OR CITIZENS PROPERTY INSURANCE 78 CORPORATION. PLEASE DISCUSS YOUR POLICY OPTIONS WITH YOUR 79 INSURANCE AGENT. 80 81 (e) Before the issuance of a policy at a rate established 82 in accordance with s. 627.062(2)(k), or before the first renewal 83 at such rate of a policy originally before the effective date of 84 this section, the applicant or insured must: 85 1. For purposes of comparison, be given a premium quote for 86 a policy from Citizens Property Insurance Corporation, 87 reflecting comparable coverages, limits, and deductibles to the 88 extent available from the corporation. 89 2. Sign the following acknowledgement form, which must be 90 retained by the insurer or agent for at least 3 years: 91 ACKNOWLEDGEMENT 92 1. I HAVE REVIEWED THE REQUIRED DISCLOSURES AND THE 93 REQUIRED PREMIUM QUOTE FROM CITIZENS PROPERTY INSURANCE 94 CORPORATION. 95 2. I UNDERSTAND THAT THE RATE FOR THIS RESIDENTIAL PROPERTY 96 INSURANCE POLICY IS NOT REGULATED BY THE FLORIDA OFFICE OF 97 INSURANCE REGULATION AND MAY BE HIGHER THAN RATES APPROVED BY 98 THAT OFFICE. 99 3. I UNDERSTAND THAT A RESIDENTIAL PROPERTY INSURANCE 100 POLICY SUBJECT TO FULL RATE REGULATION REQUIREMENTS MAY BE 101 AVAILABLE FROM THIS INSURER, ANOTHER INSURER, OR CITIZENS 102 PROPERTY INSURANCE CORPORATION. 103 (2) For policies renewed at a rate established in 104 accordance with s. 627.062(2)(k), the notice described in 105 paragraph (1)(d) must be furnished in writing at the same time 106 as the renewal notice on a document separate from the renewal 107 notice, but may be contained within the same mailing as the 108 renewal notice. 109 (3) This section does not apply to residential property 110 insurance policies that exclude coverage for the perils of 111 windstorm or hurricane. 112 Section 3. This act shall take effect upon becoming a law.