Florida Senate - 2016                             CS for SB 1274
       
       
        
       By the Committee on Banking and Insurance; and Senator Latvala
       
       597-03221-16                                          20161274c1
    1                        A bill to be entitled                      
    2         An act relating to limited sinkhole coverage
    3         insurance; amending s. 624.407, F.S.; specifying the
    4         amount of surplus funds required for domestic insurers
    5         applying for a certificate of authority to provide
    6         limited sinkhole coverage insurance; amending s.
    7         624.408, F.S.; specifying the minimum surplus that
    8         must be maintained by insurers that provide limited
    9         sinkhole coverage insurance; creating s. 627.7151,
   10         F.S.; authorizing certain insurers to offer limited
   11         sinkhole coverage insurance in this state; providing
   12         applicability; providing a limitation of coverage;
   13         authorizing a specified limitation of coverage subject
   14         to a certain condition; authorizing certain policy
   15         terms; requiring an insurance agent to obtain a
   16         specified signed acknowledgement from an applicant
   17         before issuing a policy; authorizing insurer forms and
   18         exempting forms from approval; authorizing an insurer
   19         to establish and use rates in accordance with
   20         specified rate standards; requiring an insurer to
   21         provide a specified notice of changes to rates within
   22         a specified time frame to the Office of Insurance
   23         Regulation; requiring an insurer to maintain certain
   24         actuarial data for a specified time frame; authorizing
   25         the office to require an insurer to incur the costs
   26         associated with examining such data; providing factors
   27         for the office in determining whether a rate is
   28         excessive, inadequate, or unfairly discriminatory;
   29         authorizing a surplus lines agent to export a contract
   30         or endorsement for sinkhole coverage to a surplus
   31         lines insurer without meeting certain requirements;
   32         requiring the insurer to notify the office before
   33         writing sinkhole insurance and to file a plan of
   34         operation with the office; prohibiting assignments of
   35         post-loss claims; providing an exception; providing an
   36         effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (1) of section 624.407, Florida
   41  Statutes, is amended to read:
   42         624.407 Surplus required; new insurers.—
   43         (1) To receive authority to transact any one kind or
   44  combinations of kinds of insurance, as defined in part V of this
   45  chapter, an insurer applying for its original certificate of
   46  authority in this state shall possess surplus as to
   47  policyholders at least the greater of:
   48         (a) For a property and casualty insurer, $5 million, or
   49  $2.5 million for any other insurer;
   50         (b) For life insurers, 4 percent of the insurer’s total
   51  liabilities;
   52         (c) For life and health insurers, 4 percent of the
   53  insurer’s total liabilities, plus 6 percent of the insurer’s
   54  liabilities relative to health insurance;
   55         (d) For all insurers other than life insurers and life and
   56  health insurers, 10 percent of the insurer’s total liabilities;
   57  or
   58         (e) Notwithstanding paragraph (a) or paragraph (d), for a
   59  domestic insurer that transacts residential property insurance
   60  and is:
   61         1. Not a wholly owned subsidiary of an insurer domiciled in
   62  any other state, $15 million.
   63         2. A wholly owned subsidiary of an insurer domiciled in any
   64  other state, $50 million; or
   65         (f)Notwithstanding paragraphs (a), (d), and (e), for a
   66  domestic insurer that only transacts limited sinkhole coverage
   67  insurance for personal lines residential property pursuant to s.
   68  627.7151, $7.5 million.
   69         Section 2. Paragraph (h) is added to subsection (1) of
   70  section 624.408, Florida Statutes, to read:
   71         624.408 Surplus required; current insurers.—
   72         (1) To maintain a certificate of authority to transact any
   73  one kind or combinations of kinds of insurance, as defined in
   74  part V of this chapter, an insurer in this state must at all
   75  times maintain surplus as to policyholders at least the greater
   76  of:
   77         (h)Notwithstanding paragraphs (e), (f), and (g), for a
   78  domestic insurer that only transacts limited sinkhole coverage
   79  insurance for personal lines residential property pursuant to s.
   80  627.7151, $7.5 million.
   81  
   82  The office may reduce the surplus requirement in paragraphs (f)
   83  and (g) if the insurer is not writing new business, has premiums
   84  in force of less than $1 million per year in residential
   85  property insurance, or is a mutual insurance company.
   86         Section 3. Section 627.7151, Florida Statutes, is created
   87  to read:
   88         627.7151Limited sinkhole coverage insurance.—
   89         (1)An authorized insurer may issue, but is not required to
   90  make available, a limited sinkhole coverage insurance policy
   91  providing personal lines residential coverage, subject to
   92  underwriting, for the peril of sinkhole loss on any structure or
   93  the contents of personal property contained therein, subject to
   94  this section and ss. 627.706–627.7074. This section does not
   95  apply to commercial lines residential or commercial lines
   96  nonresidential coverage for the peril of sinkhole loss. This
   97  section also does not apply to coverage for the peril of
   98  sinkhole loss that is excess coverage over any other insurance
   99  covering the peril of sinkhole loss.
  100         (2)Limited sinkhole coverage insurance must cover only
  101  losses from the peril of sinkhole loss, as defined in s.
  102  627.706(2)(j); however, such coverage shall not be required to
  103  provide for contents and additional living expenses.
  104         (3) Limited sinkhole coverage insurance may:
  105         (a)Notwithstanding s. 627.707(5), limit coverage to
  106  repairs to stabilize the building and repair the foundation in
  107  accordance with the recommendations of the professional engineer
  108  retained pursuant to s. 627.707(2). However, if the insurer’s
  109  professional engineer determines that the repair cannot be
  110  completed within policy limits, the insurer must pay to complete
  111  the repairs recommended by the insurer’s professional engineer
  112  or tender the policy limits to the policyholder.
  113         (b) In addition to the deductibles authorized under s.
  114  627.706(1)(b), offer deductibles agreed to by the insured and
  115  insurer.
  116         (c) Offer policy limits agreed to by the insured and
  117  insurer, provided policy limits below $50,000 are not allowed
  118  unless that amount exceeds full replacement costs of the
  119  property.
  120         (4) Before issuing a limited sinkhole coverage insurance
  121  policy under this section, the insurance agent must obtain from
  122  an applicant an acknowledgement signed by the applicant that
  123  includes the following statement in at least 12-point bold,
  124  uppercase type: “BY ACCEPTING THIS LIMITED SINKHOLE COVERAGE
  125  INSURANCE POLICY I HAVE READ AND UNDERSTAND THE LIMITATIONS THAT
  126  MAY APPLY TO MY POLICY.” The signed acknowledgment must also
  127  include, in at least 12-point bold, uppercase type, for a
  128  policy:
  129         (a)That limits limited sinkhole coverage to an amount less
  130  than the full replacement cost of the property, the following
  131  statement: “THIS POLICY LIMITS SINKHOLE COVERAGE TO LESS THAN
  132  THE FULL COST OF REPLACEMENT FOR THE PROPERTY, WHICH MAY RESULT
  133  IN HIGH OUT-OF-POCKET EXPENSES TO YOU AND MAY PUT YOUR EQUITY IN
  134  THIS PROPERTY AT RISK.”
  135         (b)That provides for a deductible which exceeds the
  136  deductibles authorized under s. 627.706(1)(b), the following
  137  statement: “THIS POLICY EXCEEDS THE DEDUCTIBLE AMOUNT PERMITTED
  138  FOR OTHER AUTHORIZED SINKHOLE LOSS INSURANCE POLICIES WHICH MAY
  139  RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.”
  140         (5) An insurer may establish and use limited sinkhole
  141  coverage forms. Limited sinkhole coverage forms are not subject
  142  to filing and approval pursuant to s. 627.410.
  143         (6)(a)An insurer may establish and use limited sinkhole
  144  coverage rates in accordance with the rate standards provided in
  145  s. 627.062.
  146         (b)For limited sinkhole coverage rates filed with the
  147  office before October 1, 2019, the insurer may also establish
  148  and use such rates in accordance with the rates, rating
  149  schedules, or rating manuals filed by the insurer with the
  150  office which allow the insurer a reasonable rate of return on
  151  limited sinkhole coverage written in this state. Limited
  152  sinkhole coverage rates established pursuant to this paragraph
  153  are not subject to s. 627.062(2)(a) or (f). An insurer shall
  154  notify the office of any change to such rates within 30 days
  155  after the effective date of the change. The notice must include
  156  the name of the insurer and the average statewide percentage
  157  change in rates. Actuarial data with regard to such rates for
  158  limited sinkhole coverage must be maintained by the insurer for
  159  2 years after the effective date of such rate change and is
  160  subject to examination by the office. The office may require the
  161  insurer to incur the costs associated with an examination. Upon
  162  examination, the office, in accordance with generally accepted
  163  and reasonable actuarial techniques, shall consider the rate
  164  factors in s. 627.062(2)(b) and (d), and the standards in s.
  165  627.062(2)(e), to determine whether the rate is excessive,
  166  inadequate, or unfairly discriminatory.
  167         (7)A surplus lines agent may export limited sinkhole
  168  coverage insurance to an eligible surplus lines insurer without
  169  satisfying the conditions set forth in s. 626.916(1). This
  170  subsection expires July 1, 2020.
  171         (8)In addition to any other applicable requirements, an
  172  insurer providing limited sinkhole coverage in this state must:
  173         (a)Notify the office at least 30 days before writing
  174  limited sinkhole coverage insurance in this state.
  175         (b)File a plan of operation and financial projections or
  176  revisions to such plan, as applicable, with the office.
  177         (9)A policyholder of a limited sinkhole coverage insurance
  178  policy authorized by this section who incurs a covered loss may
  179  not assign a post-loss claim except to a subsequent purchaser of
  180  the property who acquires insurable interest following a loss.
  181         Section 4. This act shall take effect July 1, 2016.