SB 156                                           First Engrossed
       
       
       
       
       
       
       
       
       2022156e1
       
    1                        A bill to be entitled                      
    2         An act relating to loss run statements; amending s.
    3         626.9202, F.S.; revising the definition of the term
    4         “loss run statement”; specifying the entities that
    5         must receive requests for loss run statements;
    6         specifying that insurers must provide loss run
    7         statements under certain circumstances; providing
    8         construction; revising the required claims history in
    9         loss run statements; providing applicability; limiting
   10         loss run statement requests with respect to group
   11         health insurance policies to group policyholders;
   12         amending s. 627.444, F.S.; revising the definition of
   13         the term “loss run statement”; specifying the entities
   14         that must receive requests for loss run statements;
   15         specifying that insurers must provide loss run
   16         statements under certain circumstances; revising the
   17         required claims history in loss run statements;
   18         providing applicability; limiting loss run statement
   19         requests with respect to group health insurance
   20         policies to group policyholders; repealing s.
   21         627.6647, F.S., relating to release of claims
   22         experience; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsections (1), (2), and (4) of section
   27  626.9202, Florida Statutes, are amended, and subsections (7) and
   28  (8) are added to that section, to read:
   29         626.9202 Loss run statements for all lines of insurance.—
   30         (1) As used in this section, the term:
   31         (a) “Loss run statement” means a report that contains the
   32  policy number, the period of coverage, the number of claims, the
   33  paid losses on all claims, and the date of each loss. The term
   34  does not include supporting claim file documentation, including,
   35  but not limited to, copies of claim files, investigation
   36  reports, evaluation statements, insureds’ statements, and
   37  documents protected by a common law or statutory privilege. As
   38  applied to group health insurance, the term means a report that
   39  also contains the premiums paid, the number of insureds on a
   40  monthly basis, and the dependent status.
   41         (b) “Provide” means to electronically send a document or to
   42  allow access through an electronic portal to view or generate a
   43  document.
   44         (2) Notwithstanding any other law, an insurer shall provide
   45  to an insured within 15 calendar days after an individual or
   46  entity designated by the insurer receives receipt of the
   47  insured’s written request, either:
   48         (a) A loss run statement; or
   49         (b) For personal lines of insurance, information on how to
   50  obtain a loss run statement at no charge through a consumer
   51  reporting agency. However, this section does not prohibit an
   52  insured from requesting a loss run statement after receiving
   53  information from a consumer reporting agency, in which case the
   54  insurer shall then provide the loss run statement within 15
   55  calendar days after the individual or entity designated by the
   56  insurer receives the insured’s subsequent written request.
   57  
   58  The insurer is deemed to be in compliance with this subsection
   59  if the surplus lines agent provides the loss run statement on
   60  behalf of the insurer.
   61         (4) A loss run statement provided pursuant to this section
   62  must contain a claims history with the insurer for the preceding
   63  3 5 years or, if the claims history is less than 3 5 years, a
   64  complete claims history with the insurer.
   65         (7)This section does not apply to a life insurer as
   66  defined in s. 624.602.
   67         (8)For group health insurance, only the group policyholder
   68  may request and be provided a loss run statement pursuant to
   69  this section.
   70         Section 2. Subsections (1), (2), and (4) of section
   71  627.444, Florida Statutes, are amended, and subsections (7) and
   72  (8) are added to that section, to read:
   73         627.444 Loss run statements for all lines of insurance.—
   74         (1) As used in this section, the term:
   75         (a) “Loss run statement” means a report that contains the
   76  policy number, the period of coverage, the number of claims, the
   77  paid losses on all claims, and the date of each loss. The term
   78  does not include supporting claim file documentation, including,
   79  but not limited to, copies of claim files, investigation
   80  reports, evaluation statements, insureds’ statements, and
   81  documents protected by a common law or statutory privilege. As
   82  applied to group health insurance, the term means a report that
   83  also contains the premiums paid, the number of insureds on a
   84  monthly basis, and the dependent status.
   85         (b) “Provide” means to electronically send a document or to
   86  allow access through an electronic portal to view or generate a
   87  document.
   88         (2) Notwithstanding any other law, an insurer shall provide
   89  to an insured within 15 calendar days after an individual or
   90  entity designated by the insurer receives receipt of the
   91  insured’s written request, either:
   92         (a) A loss run statement; or
   93         (b) For personal lines of insurance, information on how to
   94  obtain a loss run statement at no charge through a consumer
   95  reporting agency. However, this section does not prohibit an
   96  insured from requesting a loss run statement after receiving
   97  information from a consumer reporting agency, in which case the
   98  insurer shall then provide the loss run statement within 15
   99  calendar days after the individual or entity designated by the
  100  insurer receives the insured’s subsequent written request.
  101         (4) A loss run statement provided pursuant to this section
  102  must contain a claims history with the insurer for the preceding
  103  3 5 years or, if the claims history is less than 3 5 years, a
  104  complete claims history with the insurer.
  105         (7)This section does not apply to a life insurer as
  106  defined in s. 624.602.
  107         (8)For group health insurance, only the group policyholder
  108  may request and be provided a loss run statement pursuant to
  109  this section.
  110         Section 3. Section 627.6647, Florida Statutes, is repealed.
  111         Section 4. This act shall take effect upon becoming a law.