ENROLLED 2020 Legislature CS for SB 292 2020292er 1 2 An act relating to insurance claims data; creating ss. 3 626.9202 and 627.444, F.S.; defining the terms “loss 4 run statement” and “provide”; requiring surplus lines 5 and authorized insurers, respectively, to provide 6 insureds either a loss run statement or certain 7 information within a certain timeframe after receipt 8 of the insured’s written request; providing 9 construction; requiring insurers to provide notice to 10 the agent of record after providing a loss run 11 statement; specifying the required claims history in a 12 loss run statement; providing that insurers are not 13 required to provide loss reserve information; 14 prohibiting insurers from charging a fee to prepare 15 and provide one loss run statement annually; providing 16 an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 626.9202, Florida Statutes, is created 21 to read: 22 626.9202 Loss run statements for all lines of insurance.— 23 (1) As used in this section, the term: 24 (a) “Loss run statement” means a report that contains the 25 policy number, the period of coverage, the number of claims, the 26 paid losses on all claims, and the date of each loss. The term 27 does not include supporting claim file documentation, including, 28 but not limited to, copies of claim files, investigation 29 reports, evaluation statements, insureds’ statements, and 30 documents protected by a common law or statutory privilege. 31 (b) “Provide” means to electronically send a document or to 32 allow access through an electronic portal to view or generate a 33 document. 34 (2) Notwithstanding any other law, an insurer shall provide 35 to an insured within 15 calendar days after receipt of the 36 insured’s written request, either: 37 (a) A loss run statement; or 38 (b) For personal lines of insurance, information on how to 39 obtain a loss run statement at no charge through a consumer 40 reporting agency. However, this section does not prohibit an 41 insured from requesting a loss run statement after receiving 42 information from a consumer reporting agency. 43 (3) At the time a loss run statement is provided to the 44 insured, the insurer shall notify the agent of record that the 45 loss run statement was provided to the insured. 46 (4) A loss run statement provided pursuant to this section 47 must contain a claims history with the insurer for the preceding 48 5 years or, if the claims history is less than 5 years, a 49 complete claims history with the insurer. 50 (5) Notwithstanding any other provision of this section, an 51 insurer is not required to provide loss reserve information. 52 (6) Notwithstanding any other law, an insurer may not 53 charge any fee to prepare and provide annually one loss run 54 statement in accordance with this section. 55 Section 2. Section 627.444, Florida Statutes, is created to 56 read: 57 627.444 Loss run statements for all lines of insurance.— 58 (1) As used in this section, the term: 59 (a) “Loss run statement” means a report that contains the 60 policy number, the period of coverage, the number of claims, the 61 paid losses on all claims, and the date of each loss. The term 62 does not include supporting claim file documentation, including, 63 but not limited to, copies of claim files, investigation 64 reports, evaluation statements, insureds’ statements, and 65 documents protected by a common law or statutory privilege. 66 (b) “Provide” means to electronically send a document or to 67 allow access through an electronic portal to view or generate a 68 document. 69 (2) Notwithstanding any other law, an insurer shall provide 70 to an insured within 15 calendar days after receipt of the 71 insured’s written request, either: 72 (a) A loss run statement; or 73 (b) For personal lines of insurance, information on how to 74 obtain a loss run statement at no charge through a consumer 75 reporting agency. However, this section does not prohibit an 76 insured from requesting a loss run statement after receiving 77 information from a consumer reporting agency. 78 (3) At the time a loss run statement is provided to the 79 insured, the insurer shall notify the agent of record that the 80 loss run statement was provided to the insured. 81 (4) A loss run statement provided pursuant to this section 82 must contain a claims history with the insurer for the preceding 83 5 years or, if the claims history is less than 5 years, a 84 complete claims history with the insurer. 85 (5) Notwithstanding any other provision of this section, an 86 insurer is not required to provide loss reserve information. 87 (6) Notwithstanding any other law, an insurer may not 88 charge any fee to prepare and provide annually one loss run 89 statement in accordance with this section. 90 Section 3. This act shall take effect January 1, 2021.