Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS for SB 292 Ì908880>Î908880 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/06/2020 02:12 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Broxson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 626.9202, Florida Statutes, is created 6 to read: 7 626.9202 Loss run statements for all lines of insurance.— 8 (1) As used in this section, the term: 9 (a) “Loss run statement” means a report that contains the 10 policy number, the period of coverage, the number of claims, the 11 paid losses on all claims, and the date of each loss. The term 12 does not include supporting claim file documentation, including, 13 but not limited to, copies of claim files, investigation 14 reports, evaluation statements, insureds’ statements, and 15 documents protected by a common law or statutory privilege. 16 (b) “Provide” means to electronically send a document or to 17 allow access through an electronic portal to view or generate a 18 document. 19 (c) “Receipt” means receipt by an individual or entity 20 designated by an insurer to receive loss run statement requests. 21 (2) Notwithstanding any other law, an insurer shall provide 22 to an insured within 15 calendar days after receipt of the 23 insured’s written request, either: 24 (a) A loss run statement; or 25 (b) For personal lines of insurance, information on how to 26 obtain a loss run statement at no charge through a consumer 27 reporting agency. However, this section does not prohibit an 28 insured from requesting a loss run statement after receiving 29 information from a consumer reporting agency, in which case the 30 insurer must then provide such loss run statement within 15 31 calendar days after receipt of the insured’s subsequent written 32 request. 33 (3) At the time the loss run statement is provided to the 34 insured, the insurer shall notify the agent of record that the 35 loss run statement was provided to the insured. 36 (4) A loss run statement provided pursuant to this section 37 must contain a claims history with the insurer for a minimum of 38 the preceding 3 years or, if the claims history is less than 3 39 years, a complete claims history with the insurer. 40 (5) Notwithstanding any other provision of this section, an 41 insurer is not required to provide loss reserve information. 42 (6) Notwithstanding any other law, an insurer may not 43 charge any fee to prepare and provide annually one loss run 44 statement in accordance with this section. 45 (7) This section does not apply to a life insurer as 46 defined in s. 624.602. 47 Section 2. Section 627.444, Florida Statutes, is created to 48 read: 49 627.444 Loss run statements for all lines of insurance.— 50 (1) As used in this section, the term: 51 (a) “Loss run statement” means a report that contains the 52 policy number, the period of coverage, the number of claims, the 53 paid losses on all claims, and the date of each loss. The term 54 does not include supporting claim file documentation, including, 55 but not limited to, copies of claim files, investigation 56 reports, evaluation statements, insureds’ statements, and 57 documents protected by a common law or statutory privilege. 58 (b) “Provide” means to electronically send a document or to 59 allow access through an electronic portal to view or generate a 60 document. 61 (c) “Receipt” means receipt by an individual or entity 62 designated by an insurer to receive loss run statement requests. 63 (2) Notwithstanding any other law, an insurer shall provide 64 to an insured within 15 calendar days after receipt of the 65 insured’s written request, either: 66 (a) A loss run statement; or 67 (b) For personal lines of insurance, information on how to 68 obtain a loss run statement at no charge through a consumer 69 reporting agency. However, this section does not prohibit an 70 insured from requesting a loss run statement after receiving 71 information from a consumer reporting agency, in which case the 72 insurer must then provide such loss run statement within 15 73 calendar days after receipt of the insured’s subsequent written 74 request. 75 (3) At the time the loss run statement is provided to the 76 insured, the insurer shall notify the agent of record that the 77 loss run statement was provided to the insured. 78 (4) A loss run statement provided pursuant to this section 79 must contain a claims history with the insurer for a minimum of 80 the preceding 3 years or, if the claims history is less than 3 81 years, a complete claims history with the insurer. 82 (5) Notwithstanding any other provision of this section, an 83 insurer is not required to provide loss reserve information. 84 (6) Notwithstanding any other law, an insurer may not 85 charge any fee to prepare and provide annually one loss run 86 statement in accordance with this section. 87 (7) This section does not apply to a life insurer as 88 defined in s. 624.602. 89 Section 3. Section 627.6647, Florida Statutes, is repealed. 90 Section 4. This act shall take effect January 1, 2021. 91 92 ================= T I T L E A M E N D M E N T ================ 93 And the title is amended as follows: 94 Delete everything before the enacting clause 95 and insert: 96 A bill to be entitled 97 An act relating to insurance claims data; creating ss. 98 626.9202 and 627.444, F.S.; defining terms; requiring 99 certain surplus lines and authorized insurers, 100 respectively, to provide insureds either a loss run 101 statement or certain information within a certain 102 timeframe after receipt of the insured’s written 103 request; providing construction; requiring insurers to 104 provide a loss run statement within a certain 105 timeframe under certain circumstances; requiring 106 insurers to provide notice to the agent of record 107 after providing a loss run statement; specifying the 108 required claims history in a loss run statement; 109 providing that insurers are not required to provide 110 loss reserve information; prohibiting insurers from 111 charging a fee to prepare and provide one loss run 112 statement annually; providing applicability; repealing 113 s. 627.6647, F.S., relating to release of claims 114 experience; providing an effective date.