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 receivesreceipt ofthe 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 35years or, if the claims history is less than 35years, 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 receivesreceipt ofthe 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 35years or, if the claims history is less than 35years, 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.