Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1600
       
       
       
       
       
       
                                Ì4208360Î420836                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/27/2017           .                                
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       The Committee on Banking and Insurance (Farmer) recommended the
       following:
       
    1         Senate Amendment to Amendment (767012) (with title
    2  amendment)
    3  
    4         Delete line 260
    5  and insert:
    6         Section 8. Effective July 1, 2017, section 626.99289,
    7  Florida Statutes, is created to read:
    8         626.99289 Mandatory disclosure of alternatives to lapse or
    9  surrender.—
   10         (1) As used in this section, the term:
   11         (a) “Agent means a person who is the agent of record of a
   12  policy or who has a business relationship with the policyholder
   13  or insured.
   14         (b) “Insured means an individual who is covered by a
   15  policy.
   16         (c) “Insurer means the insurance company that issued or
   17  currently insures the policy.
   18         (d) “Person has the same meaning as provided in s. 1.01.
   19         (e) “Policy means an individual life insurance policy
   20  owned by an individual who is a resident of this state,
   21  regardless of whether such policy has been issued, delivered, or
   22  renewed in this state.
   23         (2) The commissioner shall develop, and the commission
   24  shall adopt by rule, a written notice to inform a policyholder
   25  of alternatives to the lapse or surrender of a policy, and of
   26  the policyholder’s rights, as an owner of the policy, which are
   27  related to the disposition of a policy. The notice must be
   28  developed at no cost to insurers, agents, or other licensees and
   29  must be written in lay terms.
   30         (3) The written notice must contain all of the following:
   31         (a)A statement explaining that life insurance is a
   32  critical part of a broader financial plan.
   33         (b)A statement explaining that life insurance offers a
   34  future death benefit.
   35         (c)A statement explaining that life insurance may offer
   36  current living benefits.
   37         (d)A statement explaining that there are alternatives to
   38  the lapse or surrender of a policy.
   39         (e)A general description of the following alternatives to
   40  the lapse or surrender of a policy:
   41         1. Accelerated death benefits available under the policy or
   42  as a rider to the policy.
   43         2. The assignment of the policy as a gift.
   44         3. The sale and assignment of the policy pursuant to a
   45  viatical settlement contract, including:
   46         a. A statement that a viatical settlement is a regulated
   47  transaction in this state pursuant to part X of chapter 626;
   48         b. A statement that a viatical settlement provider must be
   49  licensed in this state to transact a viatical settlement with a
   50  resident of this state; and
   51         c. A statement that a life agent, as defined in s. 626.015,
   52  may represent the policyholder as a viatical settlement broker
   53  pursuant to s. 626.9916(2) if the policyholder decides to
   54  explore the feasibility of selling or assigning the policy
   55  pursuant to a viatical settlement contract.
   56         4. The replacement of the policy pursuant to part III of
   57  chapter 627.
   58         5. The maintenance of the policy pursuant to the terms of
   59  the policy or a rider to the policy, or through a viatical
   60  settlement contract.
   61         6. The maintenance of the policy through loans issued by an
   62  insurer or a third party, using the policy or the cash surrender
   63  value of the policy as collateral for the loan.
   64         7. Conversion of the policy from a term policy to a
   65  permanent policy.
   66         8. Conversion of the policy in order to obtain long-term
   67  care health insurance coverage or a long-term care benefit plan.
   68         (f) A statement explaining that life insurance, viatical
   69  settlements, or other alternatives to the lapse or surrender of
   70  the policy described in the notice may not be available to a
   71  particular policyholder depending on a number of circumstances,
   72  including the age and health status of the insured or the terms
   73  of a life insurance policy, and that the policyholder should
   74  contact his or her financial advisor, insurance agent, broker,
   75  or attorney to obtain further advice and assistance.
   76         (4)An insurer, an agent, or an insurer and its agent must
   77  provide the written notice required under subsections (2) and
   78  (3) to a policyholder if an insured under the policy is 60 years
   79  of age or older or is known by the insurer or agent to be
   80  terminally ill or chronically ill, and:
   81         (a)If the policyholder requests the surrender, in whole or
   82  in part, of the policy;
   83         (b)If the policyholder requests a loan against, or
   84  withdrawal of cash value from, the policy;
   85         (c) If the policyholder requests an accelerated death
   86  benefit, nursing home benefit, critical illness benefit, or any
   87  other living benefit under the policy;
   88         (d)If the policyholder requests a reduction in the face
   89  amount of the policy;
   90         (e)If the policyholder requests, or the policy
   91  automatically enters, an extended term;
   92         (f) If the policyholder requests a waiver of premium;
   93         (g)If a term policy is within 6 months before the end of
   94  the term of the policy and the policyholder has the right to
   95  convert the term policy to permanent insurance;
   96         (h) If the insurer sends a notice to the policyholder that
   97  the policy may lapse; however, the insurer is not required to
   98  send such notice more than once within the 12-month period after
   99  the date of its first notice of lapse of the policy; or
  100         (i)At any other time that the commission may prescribe by
  101  rule.
  102         (5) A person may not prohibit, terminate, fine, or
  103  otherwise deter an agent from or penalize an agent for:
  104         (a) At any time, informing a policyholder or his or her
  105  designee of the options under the policy terms or the
  106  alternatives described in this section to the lapse or surrender
  107  of a policy, or of a policyholder’s rights related to the
  108  disposition of a policy; or
  109         (b) Assisting a policyholder with securing any benefit or
  110  alternative described in this section or under the policy terms.
  111         (6)A violation of this section is deemed an unfair trade
  112  practice under s. 626.9927.
  113         Section 9. Except as otherwise expressly provided in this
  114  act, this act shall take effect upon becoming a law.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Delete line 289
  119  and insert:
  120         practices; creating s. 626.99289, F.S.; defining
  121         terms; requiring the commissioner of the Office of
  122         Insurance Regulation to develop, and the Financial
  123         Services Commission to adopt by rule, a written notice
  124         informing a policyholder of a life insurance policy of
  125         alternatives to the lapse and surrender of the policy
  126         and the policyholder’s rights related to the policy’s
  127         disposition; requiring such notice to be developed at
  128         no cost to certain entities and to be written in lay
  129         terms; specifying requirements for the notice;
  130         requiring an insurer or an agent to provide the notice
  131         to a policyholder under certain circumstances;
  132         prohibiting a person from taking certain actions
  133         against an agent who informs or assists a policyholder
  134         in a specified manner; providing that a violation of
  135         the section is deemed an unfair trade practice;
  136         providing effective dates.