Florida Senate - 2022 SENATOR AMENDMENT Bill No. SB 2-A Ì757448OÎ757448 LEGISLATIVE ACTION Senate . House . . . Floor: 2/F/2R . 12/13/2022 02:38 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Pizzo moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 452 - 526 4 and insert: 5 transacting property insurance business in this state shall be 6 subject to an additional market conduct examination after a 7 hurricane if the insurer: 8 (a) Is among the top 20 percent of insurers based upon a 9 calculation of the ratio of hurricane-related property insurance 10 claims filed to the number of property insurance policies in 11 force; 12 (b) Is among the top 20 percent of insurers based upon a 13 calculation of the ratio of consumer complaints made to the 14 department to hurricane-related claims; 15 (c) Has made significant payments to its managing general 16 agent since the hurricane; or 17 (d) Is identified by the office as necessitating a market 18 conduct exam for any other reason. 19 20 All relevant criteria under this section and s. 624.316 shall be 21 applied to the market conduct examination under this subsection. 22 Such an examination must be initiated within 18 months after the 23 landfall of a hurricane that results in an executive order or a 24 state of emergency issued by the Governor. An examination of an 25 insurer under this subsection must also include an examination 26 of its managing general agent as if it were the insurer. 27 Section 4. Paragraph (c) of subsection (2) of section 28 624.418, Florida Statutes, is amended to read: 29 624.418 Suspension, revocation of certificate of authority 30 for violations and special grounds.— 31 (2) The office may, in its discretion, suspend or revoke 32 the certificate of authority of an insurer if it finds that the 33 insurer: 34 (c) Has for any line, class, or combination thereof, with 35 such frequency as to indicate its general business practice in 36 this state, without just cause: 37 1. Refused to pay proper claims arising under its policies, 38 whether any such claim is in favor of an insured or is in favor 39 of a third person with respect to the liability of an insured to 40 such third person, or without just cause compels such insureds 41 or claimants to accept less than the amount due them or to 42 employ attorneys or to bring suit against the insurer or such an 43 insured to secure full payment or settlement of such claims; or 44 2. Compelled insureds to participate in appraisal under a 45 property insurance policy in order to secure full payment or 46 settlement of such claims. 47 Section 5. Paragraph (a) of subsection (10) and subsection 48 (11) of section 624.424, Florida Statutes, are amended to read: 49 624.424 Annual statement and other information.— 50 (10)(a) Each insurer or insurer group doing business in 51 this state shall file on a quarterly basis in conjunction with 52 financial reports required by paragraph (1)(a) a supplemental 53 report on an individual and group basis on a form prescribed by 54 the commission with information on personal lines and commercial 55 lines residential property insurance policies in this state. The 56 supplemental report shall include separate information for 57 personal lines property policies and for commercial lines 58 property policies and totals for each item specified, including 59 premiums written for each of the property lines of business as 60 described in ss. 215.555(2)(c) and 627.351(6)(a). The report 61 shall include the following information for each county on a 62 monthly basis: 63 1. Total number of policies in force at the end of each 64 month. 65 2. Total number of policies canceled. 66 3. Total number of policies nonrenewed. 67 4. Number of policies canceled due to hurricane risk. 68 5. Number of policies nonrenewed due to hurricane risk. 69 6. Number of new policies written. 70 7. Total dollar value of structure exposure under policies 71 that include wind coverage. 72 8. Number of policies that exclude wind coverage. 73 9. Number of claims open each month. 74 10. Number of claims closed each month. 75 11. Number of claims pending each month. 76 12. Number of claims in which either the insurer or insured 77 invoked any form of alternative dispute resolution, which party 78 invoked alternative dispute resolution, and specifying which 79 form of alternative dispute resolution was used. 80 13. Number of policies canceled or not renewed while a 81 claim is pending. 82 (11) Beginning January 1, 2022, each authorized insurer or 83 insurer group issuing personal lines or commercial lines 84 residential property insurance policies in this state shall file 85 with the office on an annual basis in conjunction with the 86 statements required by paragraph (1)(a) a supplemental report on 87 an individual and group basis for closed claims. The office 88 shall compile the data for each insurer or insurer group on a 89 statewide basis and make such data publicly available on its 90 website monthly. Such information, when aggregated on a 91 statewide basis as to an individual insurer or insurer group, is 92 not a trade secret as defined in s. 688.002(4) or s. 812.081 and 93 is not subject to the public records exemption for trade secrets 94 provided in s. 119.0715. The report must be on a form prescribed 95 by the commission and must include the following information for 96 each claim closed, excluding liability only claims, within the 97 reporting period in this state: 98 (a) The unique claim identification number. 99 (b) The type of policy. 100 (c) The zip code of the property where the claim occurred. 101 (d) The county where the claim occurred. 102 (e) The date of loss. 103 (f) The peril or type of loss, including information about: 104 1. The types of vendors used for mitigation, repair, or 105 replacement; and 106 2. The names of vendors used, if known. 107 (g) The date the claim was reported to insurer. 108 (h) The initial date the claim was closed, including 109 information about whether the claim was closed with or without 110 payment. 111 (i) The date the claim was most recently reopened, if 112 applicable. 113 (j) The date a supplemental claim was filed, if applicable. 114 (k) The date the claim was most recently closed, if 115 different from the initial date the claim was closed. 116 (l) The name of the public adjuster on the claim, if any. 117 (m) The Florida Bar number and name of the attorney for the 118 claimant, if any. 119 (n) The total indemnity paid by the insurer. 120 (o) The total loss adjustment expenses paid by the insurer. 121 (p) The amount paid for claimant’s attorney fees, if any. 122 (q) The amount paid in costs for claimant’s attorney’s 123 expenses, including, but not limited to, expert witness fees. 124 (r) The contingency risk multiplier, if any, that the 125 claimant’s attorney requested to be applied in calculating the 126 attorney fees awarded to the claimant’s attorney. 127 (s) The contingency risk multiplier, if any, that a court 128 applied in calculating the attorney fees awarded to the 129 claimant’s attorney. 130 (t) Data submitted to the Department of Financial Services 131 by each claimant and each insurer or insurer group pursuant to 132 ss. 627.70152(3) and (4). 133 (u) Any other information deemed necessary by the 134 commission to provide the office with the ability to track 135 litigation and claims trends occurring in the property market. 136 137 ================= T I T L E A M E N D M E N T ================ 138 And the title is amended as follows: 139 Delete lines 32 - 41 140 and insert: 141 insurers shall be subject to an additional market 142 conduct examination by the Office of Insurance 143 Regulation after a hurricane under certain 144 circumstances; providing requirements for such 145 examination; amending s. 624.418, F.S.; adding 146 specified grounds on which the office may suspend or 147 revoke a property insurer’s certificate of authority; 148 amending s. 624.424, F.S.; adding information required 149 to be reported by property insurers in their quarterly 150 supplemental reports; requiring the office to compile 151 certain insurer information and make such data 152 publicly available; specifying that such data is not a 153 trade secret; amending s. 626.9373, F.S.;