1 | Representative Nelson offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 108-109, insert: |
5 | Section 4. Paragraph (b) of subsection (4) of section |
6 | 215.555, Florida Statutes, is amended to read: |
7 | 215.555 Florida Hurricane Catastrophe Fund.-- |
8 | (4) REIMBURSEMENT CONTRACTS.-- |
9 | (b)1. The contract shall contain a promise by the board to |
10 | reimburse the insurer for 45 percent, 75 percent, or 90 percent |
11 | of its losses from each covered event in excess of the insurer's |
12 | retention, plus 5 percent of the reimbursed losses to cover loss |
13 | adjustment expenses. |
14 | 2. The insurer must elect one of the percentage coverage |
15 | levels specified in this paragraph and may, upon renewal of a |
16 | reimbursement contract, elect a lower percentage coverage level |
17 | if no revenue bonds issued under subsection (6) after a covered |
18 | event are outstanding, or elect a higher percentage coverage |
19 | level, regardless of whether or not revenue bonds are |
20 | outstanding. All members of an insurer group must elect the same |
21 | percentage coverage level. Any joint underwriting association, |
22 | risk apportionment plan, or other entity created under s. |
23 | 627.351 must elect the 90-percent coverage level. |
24 | 3. The contract shall provide that reimbursement amounts |
25 | shall not be reduced by reinsurance paid or payable to the |
26 | insurer from other sources. |
27 | 4. Notwithstanding any other provision contained in this |
28 | section, the board shall make available to insurers that |
29 | purchased coverage provided by this subparagraph in 2008 2007, |
30 | insurers qualifying as limited apportionment companies under s. |
31 | 627.351(6)(c), and insurers that have been approved to |
32 | participate in the Insurance Capital Build-Up Incentive Program |
33 | pursuant to s. 215.5595 a contract or contract addendum that |
34 | provides an additional amount of reimbursement coverage of up to |
35 | $10 million. The premium to be charged for this additional |
36 | reimbursement coverage shall be 50 percent of the additional |
37 | reimbursement coverage provided, which shall include one prepaid |
38 | reinstatement. The minimum retention level that an eligible |
39 | participating insurer must retain associated with this |
40 | additional coverage layer is 30 percent of the insurer's surplus |
41 | as of December 31, 2008, for the 2009-2010 contract year; as of |
42 | December 31, 2009, for the contract year beginning June 1, 2010, |
43 | and ending December 31, 2010; and as of December 31, 2010, for |
44 | the 2011 contract year 2007. This coverage shall be in addition |
45 | to all other coverage that may be provided under this section. |
46 | The coverage provided by the fund under this subparagraph shall |
47 | be in addition to the claims-paying capacity as defined in |
48 | subparagraph (c)1., but only with respect to those insurers that |
49 | select the additional coverage option and meet the requirements |
50 | of this subparagraph. The claims-paying capacity with respect to |
51 | all other participating insurers and limited apportionment |
52 | companies that do not select the additional coverage option |
53 | shall be limited to their reimbursement premium's proportionate |
54 | share of the actual claims-paying capacity otherwise defined in |
55 | subparagraph (c)1. and as provided for under the terms of the |
56 | reimbursement contract. The optional coverage retention as |
57 | specified shall be accessed before the mandatory coverage under |
58 | the reimbursement contract, but once the limit of coverage |
59 | selected under this option is exhausted, the insurer's retention |
60 | under the mandatory coverage shall apply. This coverage shall |
61 | apply and be paid concurrently with the mandatory coverage. |
62 | Coverage provided in the reimbursement contract shall not be |
63 | affected by the additional premiums paid by participating |
64 | insurers exercising the additional coverage option allowed in |
65 | this subparagraph. This subparagraph expires on December May 31, |
66 | 2011 2009. |
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71 | ----------------------------------------------------- |
72 | T I T L E A M E N D M E N T |
73 | Remove line 18 and insert: |
74 | requirements applicable to payment instruments; amending s. |
75 | 215.555, F.S.; revising the dates of an insurer's contract year |
76 | for purposes of calculating the insurer's retention; revising |
77 | reimbursement contract coverage payment provisions; extending |
78 | application of provisions relating to reimbursement contracts; |
79 | providing |