1 | Representative Patterson offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 45-69 and insert: |
5 | Section 3. Section 626.9371, Florida Statutes, is created |
6 | to read: |
7 | 626.9371 Payment of premiums and claims.-- |
8 | (1) The premiums for surplus lines insurance contracts |
9 | issued on or after October 1, 2009, in this state or covering |
10 | risks located in this state shall be paid in cash consisting of |
11 | coins, currency, checks, or money orders or by using a debit |
12 | card, credit card, automatic electronic funds transfer, or |
13 | payroll deduction plan. |
14 | (2) All payments of claims made in this state under any |
15 | contract of surplus lines insurance issued on or after October |
16 | 1, 2009, shall be made: |
17 | (a) In cash consisting of coins, currency, checks, drafts, |
18 | or money orders and, if made by check or draft, shall be in such |
19 | form as will comply with the standards for cash items adopted by |
20 | the Federal Reserve System to facilitate the sorting, routing, |
21 | and mechanized processing of such items; or |
22 | (b) By debit card or any other form of electronic transfer |
23 | if authorized in writing by the recipient or the recipient's |
24 | representative. Any fees or costs to be charged against the |
25 | recipient must be disclosed in writing to the recipient or the |
26 | recipient's representative at the time of written authorization. |
27 | However, the written authorization requirement may be waived by |
28 | the recipient or the recipient's representative if the insurer |
29 | verifies the identity of the insured or the insured's recipient |
30 | and does not charge a fee for the transaction. If the funds are |
31 | misdirected, the insurer remains liable for the payment of the |
32 | claim. |
33 | Section 4. Section 626.9372, Florida Statutes, is created |
34 | to read: |
35 | 626.9372 Disclosure statement of certain information |
36 | required-liability claims.-- |
37 | (1) Each insurer that provides or may provide liability |
38 | insurance coverage to pay all or a portion of any claim that |
39 | might be made under surplus lines policies issued on or after |
40 | October 1, 2009, shall provide, within 60 days after the written |
41 | request of the claimant, a statement of a corporate officer or |
42 | the insurer's claims manager or superintendent setting forth the |
43 | following information with regard to each known policy of |
44 | insurance, including excess or umbrella insurance: |
45 | (a) The name of the insurer. |
46 | (b) The name of each insured. |
47 | (c) The limits of the liability coverage. |
48 | (d) A statement of any policy or coverage defense that |
49 | such insurer reasonably believes is available to such insurer at |
50 | the time of filing such statement. |
51 | (e) A copy of the policy. |
52 |
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53 | In addition, the insured, or her or his insurance agent, upon |
54 | written request of the claimant or the claimant's attorney, |
55 | shall disclose the name and coverage of each known insurer to |
56 | the claimant and forward such request for information as |
57 | required by this subsection to all affected insurers. The |
58 | insurer shall supply the information required in this subsection |
59 | to the claimant within 60 days after receipt of such request. |
60 | (2) The statement required by subsection (1) must be |
61 | amended within 60 days after the date of discovery of facts |
62 | necessitating an amendment to such statement. |
63 | Section 5. Section 626.9373, Florida Statutes, is created |
64 | to read: |
65 | 626.9373 Attorney's fees.-- |
66 | (1) Upon the rendition of a judgment or decree by any |
67 | court of this state against a surplus lines insurer in favor of |
68 | any named or omnibus insured or the named beneficiary under a |
69 | policy or contract executed by the insurer on or after the |
70 | effective date of this act, the trial court or, if the insured |
71 | or beneficiary prevails on appeal, the appellate court, shall |
72 | adjudge or decree against the insurer in favor of the insured or |
73 | beneficiary a reasonable sum as fees or compensation for the |
74 | insured's or beneficiary's attorney prosecuting the lawsuit for |
75 | which recovery is awarded. |
76 | (2) If awarded, attorney's fees or compensation shall be |
77 | included in the judgment or decree rendered in the case. |
78 | Section 6. Section 626.9374, Florida Statutes, is created |
79 | to read: |
80 | 626.9374 Liability of insureds; deductible and |
81 | coinsurance.-- |
82 | (1) Any surplus lines, personal lines residential property |
83 | insurance policy issued on or after October 1, 2009, containing |
84 | a separate hurricane or wind deductible must on its face include |
85 | in at least 14-point, boldface type the following statement: |
86 | THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND |
87 | LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. |
88 | (2) A surplus lines, personal lines residential property |
89 | insurance policy issued on or after October 1, 2009, containing |
90 | a coinsurance provision applicable to hurricane or wind losses |
91 | must on its face include in at least 14-point, boldface type the |
92 | following statement: THIS POLICY CONTAINS A CO-PAY PROVISION |
93 | THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. |
94 | Section 7. The amendments to s. 626.913, Florida Statutes, |
95 | in this act are remedial in nature and operate retroactively to |
96 | the regulation of surplus lines insurers from October 1, 1988, |
97 | except with respect to lawsuits that are filed on or before May |
98 | 15, 2009. |
99 | Section 8. If any provision of this act or the application |
100 | thereof to any person or circumstance is held invalid, the |
101 | invalidity shall not affect other provisions or applications of |
102 | the act which can be given effect without the invalid provision |
103 | or application, and to this end the provisions of this act are |
104 | declared severable. |
105 | Section 9. This act shall take effect upon becoming a law. |
106 |
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107 |
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108 | ----------------------------------------------------- |
109 | T I T L E A M E N D M E N T |
110 | Remove lines 8-13 and insert: |
111 | creating s. 626.9371, F.S.; providing methods of payment for |
112 | premiums and claims regarding surplus lines contracts issued on |
113 | or after a specified date; requiring a written authorization to |
114 | complete payment under certain circumstances; providing for |
115 | waiver of such requirement; providing that an insurer remains |
116 | liable for payment of a claim if corresponding funds are |
117 | misdirected; creating s. 626.9372, F.S.; requiring that certain |
118 | insurers provide a disclosure statement to a claimant under |
119 | certain circumstances; requiring that such statement include |
120 | certain information; requiring that an insurer disclose certain |
121 | additional information upon the request of a claimant; requiring |
122 | the amendment of such statement under certain circumstances; |
123 | creating s. 626.9373, F.S.; providing for the payment of |
124 | attorney's fees in cases involving surplus lines insurers at the |
125 | trial and appellate levels; amending s. 626.9374, F.S.; |
126 | requiring that a surplus lines policy containing a separate |
127 | hurricane or wind deductible issued on or after a specified date |
128 | have a specified statement printed on the face of the policy; |
129 | requiring that a surplus lines policy containing a coinsurance |
130 | provision applicable to hurricane or wind losses issued on or |
131 | after a specified date have a specified statement printed on the |
132 | face of the policy; providing for the retroactive applicability |
133 | of certain provisions; providing severability; providing |