Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for SB 292
       
       
       
       
       
       
                                Ì908880>Î908880                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/06/2020 02:12 PM       .                                
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       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.