Florida Senate - 2014                                     SB 758
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00866A-14                                           2014758__
    1                        A bill to be entitled                      
    2         An act relating to title insurer reserves; amending s.
    3         625.041, F.S.; specifying that a title insurer is
    4         liable for all of its unpaid losses and claims;
    5         amending s. 625.111, F.S.; specifying the reserves
    6         certain title insurers must set aside after a certain
    7         date; specifying how such reserves will be released;
    8         specifying which state law governs the amount of the
    9         reserve when a title insurer transfers its domicile to
   10         this state; defining “bulk reserve”; amending ss.
   11         624.407 and 624.408, F.S.; conforming cross
   12         references; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 625.041, Florida Statutes, is amended to
   17  read:
   18         625.041 Liabilities, in general.—In any determination of
   19  the financial condition of an insurer, liabilities to be charged
   20  against its assets shall include:
   21         (1) The amount, estimated in accordance consistent with the
   22  provisions of this code, necessary to pay all of its unpaid
   23  losses and claims incurred on or prior to the date of statement,
   24  whether reported or unreported, together with the expenses of
   25  adjustment or settlement thereof.
   26         (2) With respect to title insurance, the amount, estimated
   27  in accordance with this code, necessary to pay all of its known
   28  unpaid losses and claims incurred on or before the date of
   29  statement, together with the expenses of adjustment or
   30  settlement thereof. This requirement is in addition to the
   31  reserves required under s. 625.111.
   32         (3)(2) With respect reference to life and health insurance
   33  and annuity contracts:
   34         (a) The amount of reserves on life insurance policies and
   35  annuity contracts in force, valued according to the tables of
   36  mortality, rates of interest, and methods adopted pursuant to
   37  this code which are applicable thereto.
   38         (b) Reserves for disability benefits, for both active and
   39  disabled lives.
   40         (c) Reserves for accidental death benefits.
   41         (d) Any additional reserves that may be required by the
   42  office in accordance consistent with practice formulated or
   43  approved by the National Association of Insurance Commissioners
   44  or its successor organization, on account of such insurance,
   45  including contract and premium deficiency reserves.
   46         (4)(3) With respect reference to insurance other than that
   47  specified in subsections (2) and (3) subsection (2), and other
   48  than title insurance, the amount of reserves equal to the
   49  unearned portions of the gross premiums charged on policies in
   50  force, computed in accordance with this part.
   51         (5)(4) Taxes, expenses, and other obligations due or
   52  accrued at the date of the statement.
   53         (6)(5)An Any insurer in this state that writes workers’
   54  compensation insurance shall accrue a liability on its financial
   55  statements for all Special Disability Trust Fund assessments
   56  that are due within the current calendar year. In addition,
   57  Those insurers shall also disclose in the notes to the financial
   58  statements required to be filed pursuant to s. 624.424 an
   59  estimate of future Special Disability Trust Fund assessments, if
   60  the assessments are likely to occur and can be estimated with
   61  reasonable certainty.
   62         Section 2. Section 625.111, Florida Statutes, is amended to
   63  read:
   64         625.111 Title insurance reserve.—In addition to an adequate
   65  reserve as to outstanding losses relating to known claims, as
   66  required under s. 625.041, a title insurer shall establish,
   67  segregate, and maintain a guaranty fund or unearned premium
   68  reserve as provided in this section. The sums required under
   69  this section to be reserved for unearned premiums on title
   70  guarantees and policies at all times and for all purposes shall
   71  be considered and constitute unearned portions of the original
   72  premiums and shall be charged as a reserve liability of the such
   73  insurer in determining its financial condition. While Such sums
   74  are so reserved funds, they shall be withdrawn from the use of
   75  the insurer for its general purposes, impressed with a trust in
   76  favor of the holders of title guarantees and policies, and held
   77  available for reinsurance of the title guarantees and policies
   78  in the event of the insolvency of the insurer. Nothing contained
   79  in This section does not shall preclude the such insurer from
   80  investing such reserve in investments authorized by law, for
   81  such an insurer and the income from such investments invested
   82  reserve shall be included in the general income of the insurer
   83  and may to be used by such insurer for any lawful purpose.
   84         (1) For an unearned premium reserve reserves established on
   85  or after July 1, 1999, such unearned premium reserve must be in
   86  shall consist of not less than an amount at least equal to the
   87  sum of:
   88         (a) A reserve with respect to unearned premiums for
   89  policies written or title liability assumed in reinsurance
   90  before July 1, 1999, equal to the reserve established on June
   91  30, 1999, for those unearned premiums with such reserve being
   92  subsequently released as provided in subsection (2). For
   93  domestic title insurers subject to this section, such amounts
   94  shall be calculated in accordance with provisions of law of this
   95  state law in effect at the time the associated premiums were
   96  written or assumed and as amended before prior to July 1, 1999.
   97         (b) A total amount equal to 30 cents for each $1,000 of net
   98  retained liability for policies written or title liability
   99  assumed in reinsurance on or after July 1, 1999, with such
  100  reserve being subsequently released as provided in subsection
  101  (2). For the purpose of calculating this reserve, the total of
  102  the net retained liability for all simultaneous issue policies
  103  covering a single risk shall be equal to the liability for the
  104  policy with the highest limit covering that single risk, net of
  105  any liability ceded in reinsurance.
  106         (c) On or after January 1, 2014, for title insurers holding
  107  $50 million or more in surplus as to policyholders as of the
  108  previous year-end, a minimum of 6.5 percent of the total of the
  109  following:
  110         1. Direct premiums written; and
  111         2. Premiums for reinsurance assumed, plus other income,
  112  less premiums for reinsurance ceded as displayed in Schedule P
  113  of the title insurer’s most recent annual statement filed with
  114  the office with such reserve being subsequently released as
  115  provided in subsection (2). Title insurers with less than $50
  116  million in surplus as to policyholders must continue to record
  117  unearned premium reserve in accordance with paragraph (b).
  118         (d)(c) An additional amount, if deemed necessary by a
  119  qualified actuary, to which shall be subsequently released as
  120  provided in subsection (2). Using financial results as of
  121  December 31 of each year, all domestic title insurers shall
  122  obtain a Statement of Actuarial Opinion from a qualified actuary
  123  regarding the insurer’s loss and loss adjustment expense
  124  reserves, including reserves for known claims, adverse
  125  development on known claims, incurred but not reported claims,
  126  and unallocated loss adjustment expenses. The actuarial opinion
  127  must shall conform to the annual statement instructions for
  128  title insurers adopted by the National Association of Insurance
  129  Commissioners and shall include the actuary’s professional
  130  opinion of the insurer’s reserves as of the date of the annual
  131  statement. If the amount of the reserve stated in the opinion
  132  and displayed in Schedule P of the annual statement for that
  133  reporting date is greater than the sum of the known claim
  134  reserve and unearned premium reserve as calculated under this
  135  section, as of the same reporting date and including any
  136  previous actuarial provisions added at earlier dates, the
  137  insurer shall add to the insurer’s unearned premium reserve an
  138  actuarial amount equal to the reserve shown in the actuarial
  139  opinion, minus the known claim reserve and the unearned premium
  140  reserve, as of the current reporting date and calculated in
  141  accordance with this section, but not in no event calculated as
  142  of any date before prior to December 31, 1999. The comparison
  143  shall be made using that line on Schedule P displaying the Total
  144  Net Loss and Loss Adjustment Expense which is comprised of the
  145  Known Claim Reserve, and any associated Adverse Development
  146  Reserve, the reserve for Incurred But Not Reported Losses, and
  147  Unallocated Loss Adjustment Expenses.
  148         (2)(a) With respect to reserves the reserve established in
  149  accordance with:
  150         (a) Paragraph (1)(a), the domestic title insurer shall
  151  release the reserve over the subsequent a period of 20
  152  subsequent years as provided in this paragraph. The insurer
  153  shall release 30 percent of the initial aggregate sum during
  154  1999, with one quarter of that amount being released on March
  155  31, June 30, September 30, and December 31, 1999, with the March
  156  31 and June 30 releases to be retroactive and reflected on the
  157  September 30 financial statements. Thereafter, the insurer shall
  158  release, on the same quarterly basis as specified for reserves
  159  released during 1999, a percentage of the initial aggregate sum
  160  as follows: 15 percent during calendar year 2000, 10 percent
  161  during each of calendar years 2001 and 2002, 5 percent during
  162  each of calendar years 2003 and 2004, 3 percent during each of
  163  calendar years 2005 and 2006, 2 percent during each of calendar
  164  years 2007-2013, and 1 percent during each of calendar years
  165  2014-2018.
  166         (b) With respect to reserves established in accordance with
  167  Paragraph (1)(b), the unearned premium for policies written or
  168  title liability assumed during a particular calendar year shall
  169  be earned, and released from reserve, over the subsequent a
  170  period of 20 subsequent years as provided in this paragraph. The
  171  insurer shall release 30 percent of the initial sum during the
  172  year following next succeeding the year the premium was written
  173  or assumed, with one quarter of that amount being released on
  174  March 31, June 30, September 30, and December 31 of such year.
  175  Thereafter, the insurer shall release, on the same quarterly
  176  basis as specified for reserves released during the year
  177  following first succeeding the year the premium was written or
  178  assumed, a percentage of the initial sum as follows: 15 percent
  179  during the next succeeding year, 10 percent during each of the
  180  next succeeding 2 years, 5 percent during each of the next
  181  succeeding 2 years, 3 percent during each of the next succeeding
  182  2 years, 2 percent during each of the next succeeding 7 years,
  183  and 1 percent during each of the next succeeding 5 years.
  184         (c) With respect to reserves established in accordance with
  185  Paragraph (1)(c), the unearned premium for policies written or
  186  title liability assumed during a particular calendar year shall
  187  be earned, and released from reserve, over the subsequent 20
  188  years at an amortization rate not to exceed the formula in this
  189  paragraph. The insurer shall release 35 percent of the initial
  190  sum during the year following the year the premium was written
  191  or assumed, with one quarter of that amount being released on
  192  March 31, June 30, September 30, and December 31 of such year.
  193  Thereafter, the insurer shall release, on the same quarterly
  194  basis as specified for reserve released during the year
  195  following the year the premium was written or assumed, a
  196  percentage of the initial sum as follows: 15 percent during each
  197  year of the next succeeding 2 years, 10 percent during the next
  198  succeeding year, 3 percent during each of the next succeeding 3
  199  years, 2 percent during each of the next succeeding 3 years, and
  200  1 percent during each of the next succeeding 10 years.
  201         (d) Paragraph (1)(d), any additional amount established in
  202  any calendar year shall be released in the years subsequent to
  203  its establishment as provided in paragraph (c) (b), with the
  204  timing and percentage of releases being in all respects
  205  identical to those of unearned premium reserves that are
  206  calculated as provided in paragraph (c) (b) and established with
  207  regard to premiums written or liability assumed in reinsurance
  208  in the same year as the year in which any additional amount was
  209  originally established.
  210         (3) If a title insurer that is organized under the laws of
  211  another state transfers its domicile to this state, the
  212  statutory or unearned premium reserve shall be the amount
  213  required by the laws of the title insurer’s former state of
  214  domicile as of the date of transfer of domicile and shall be
  215  released from reserve according to the requirements of law in
  216  effect in the former state at the time of domicile. On or after
  217  January 1, 2014, for new business written after the effective
  218  date of the transfer of domicile to this state, the domestic
  219  title insurer shall add to and set aside in the statutory or
  220  unearned premium reserve such amount as provided in paragraph
  221  (1)(c).
  222         (4)(3) At any reporting date, the amount of the required
  223  releases of existing unearned premium reserves under subsection
  224  (2) shall be calculated and deducted from the total unearned
  225  premium reserve before any additional amount is established for
  226  the current calendar year in accordance with the provisions of
  227  paragraph (1)(d) (1)(c).
  228         (5) A domestic title insurer is not required to record a
  229  separate bulk reserve. However, if a separate bulk reserve is
  230  recorded, the statutory premium reserve must be reduced by the
  231  amount recorded for such bulk reserve.
  232         (6)(4) As used in this section, the term:
  233         (a) “Bulk reserve” means provision for subsequent
  234  development on known claims.
  235         (b)(a) “Net retained liability” means the total liability
  236  retained by a title insurer for a single risk, after taking into
  237  account the deduction for ceded liability, if any.
  238         (c)(b) “Qualified actuary” means a person who is, as
  239  detailed in the National Association of Insurance Commissioners’
  240  Annual Statement Instructions:
  241         1. A member in good standing of the Casualty Actuarial
  242  Society;
  243         2. A member in good standing of the American Academy of
  244  Actuaries who has been approved as qualified for signing
  245  casualty loss reserve opinions by the Casualty Practice Council
  246  of the American Academy of Actuaries; or
  247         3. A person who otherwise has competency in loss reserve
  248  evaluation as demonstrated to the satisfaction of the insurance
  249  regulatory official of the domiciliary state. In such case, at
  250  least 90 days before prior to the filing of its annual
  251  statement, the insurer must request approval that the person be
  252  deemed qualified and that request must be approved or denied.
  253  The request must include the National Association of Insurance
  254  Commissioners’ Biographical Form and a list of all loss reserve
  255  opinions issued in the last 3 years by this person.
  256         (d)(c) “Single risk” means the insured amount of a any
  257  title insurance policy, except that where two or more title
  258  insurance policies are issued simultaneously covering different
  259  estates in the same real property, “single risk” means the sum
  260  of the insured amounts of all such title insurance policies. A
  261  Any title insurance policy insuring a mortgage interest, a claim
  262  payment under which reduces the insured amount of a fee or
  263  leasehold title insurance policy, shall be excluded in computing
  264  the amount of a single risk to the extent that the insured
  265  amount of the mortgage title insurance policy does not exceed
  266  the insured amount of the fee or leasehold title insurance
  267  policy.
  268         Section 3. Subsection (5) of section 624.407, Florida
  269  Statutes, is amended to read:
  270         624.407 Surplus required; new insurers.—
  271         (5) For the purposes of this section, liabilities do not
  272  include liabilities required under s. 625.041(5) s. 625.041(4).
  273  For purposes of computing minimum surplus as to policyholders
  274  pursuant to s. 625.305(1), liabilities include liabilities
  275  required under s. 625.041(5) s. 625.041(4).
  276         Section 4. Subsection (2) of section 624.408, Florida
  277  Statutes, is amended to read:
  278         624.408 Surplus required; current insurers.—
  279         (2) For purposes of this section, liabilities do not
  280  include liabilities required under s. 625.041(5) s. 625.041(4).
  281  For purposes of computing minimum surplus as to policyholders
  282  pursuant to s. 625.305(1), liabilities include liabilities
  283  required under s. 625.041(5) s. 625.041(4).
  284         Section 5. This act shall take effect upon becoming a law.