Florida Senate - 2020                              CS for SB 292
       
       
        
       By the Committee on Banking and Insurance; and Senator Broxson
       
       
       
       
       
       597-01377-20                                           2020292c1
    1                        A bill to be entitled                      
    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         627.444Loss 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.