Florida Senate - 2018                                     SB 756
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00813A-18                                           2018756__
    1                        A bill to be entitled                      
    2         An act relating to unfair insurance trade practices;
    3         amending s. 626.9541, F.S.; authorizing insurers to
    4         refuse to insure or refuse to continue to insure an
    5         applicant or insured for failing to purchase certain
    6         noninsurance motor vehicle services; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (x) of subsection (1) of section
   12  626.9541, Florida Statutes, is amended to read:
   13         626.9541 Unfair methods of competition and unfair or
   14  deceptive acts or practices defined.—
   15         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   16  ACTS.—The following are defined as unfair methods of competition
   17  and unfair or deceptive acts or practices:
   18         (x) Refusal to insure.—In addition to other provisions of
   19  this code, the refusal to insure, or continue to insure, any
   20  individual or risk solely because of:
   21         1. Race, color, creed, marital status, sex, or national
   22  origin;
   23         2. The residence, age, or lawful occupation of the
   24  individual or the location of the risk, unless there is a
   25  reasonable relationship between the residence, age, or lawful
   26  occupation of the individual or the location of the risk and the
   27  coverage issued or to be issued;
   28         3. The insured’s or applicant’s failure to agree to place
   29  collateral business with any insurer, unless the coverage
   30  applied for would provide liability coverage which is excess
   31  over that provided in policies maintained on property or motor
   32  vehicles;
   33         4. The insured’s or applicant’s failure to purchase
   34  noninsurance services or commodities, including motor vehicle
   35  automobile services as defined in s. 624.124 except for motor
   36  vehicle services purchased from a membership organization that,
   37  since January 1, 2018, has more than 1 million members in this
   38  state and is affiliated with an admitted insurer;
   39         5. The fact that the insured or applicant is a public
   40  official; or
   41         6. The fact that the insured or applicant had been
   42  previously refused insurance coverage by any insurer, when such
   43  refusal to insure or continue to insure for this reason occurs
   44  with such frequency as to indicate a general business practice.
   45         Section 2. This act shall take effect July 1, 2018.