CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Holzendorf moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 7, between lines 16 and 17,

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16  insert:

17         Section 9.  Section 627.624, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 627.624, F.S., for present text.)

21         627.624  Overinsurance; valid loss of time coverage.--

22         (1)  A disability income insurance policy may include

23  the following overinsurance provision:

24         "Overinsurance:  After the loss-of-time benefit of this

25  policy has been payable for 90 days, the benefit will be

26  adjusted, as provided below, if the total amount of unadjusted

27  loss-of-time benefits provided in all valid loss-of-time

28  coverage upon the insured exceeds ...(percent)... of the

29  insured's earned income.  If the information contained in the

30  application discloses that the total amount of loss-of-time

31  benefits under this policy and under all other valid

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No.    





 1  loss-of-time coverage expected to be effective upon the

 2  insured in accordance with the application for this policy

 3  exceeded ...(percent)... of the insured's earned income at the

 4  time of such application, the higher percentage will be used

 5  in place of ...(percent)....  The adjusted loss-of-time

 6  benefit under this policy for any month is the proportion of

 7  the loss-of-time benefit otherwise payable under this policy

 8  as the product of the insured's earned income and

 9  ...(percent)... bears to the total amount of loss-of-time

10  benefits payable for such month under this policy and all

11  other valid loss-of-time coverage on the insured (without

12  giving effect to the overinsurance provision in this or any

13  other coverage) less any amount of loss-of-time benefits

14  payable under other valid loss-of-time coverage that does not

15  contain an overinsurance provision.  In making the

16  computation, all benefits and earnings must be converted to a

17  consistent ...(weekly or monthly)... basis.  If the numerator

18  of the foregoing ratio is zero or is negative, no benefit is

19  payable under this policy.  This provision may not reduce the

20  total combined amount of loss-of-time benefits payable under

21  this policy and all other valid loss-of-time coverage below an

22  amount that is the lesser of $300 or the total combined amount

23  of loss-of-time benefits determined without giving effect to

24  any overinsurance provision.  This provision may not increase

25  the amount of benefits payable under this policy above the

26  amount that would have been paid in the absence of this

27  provision, or take into account or operate to reduce any

28  benefit other than the loss-of-time benefit."

29         (2)  For purposes of the overinsurance provision of

30  subsection (1), the term:

31         (a)  "Earned income," except where otherwise specified,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No.    





 1  means the greater of monthly earnings of the insured at the

 2  time disability commences or the insured's average monthly

 3  earnings for a period of 2 years immediately preceding the

 4  commencement of disability.  The term does not include any

 5  investment income or any other income not derived from the

 6  insured's vocational activities.

 7         (b)  "Overinsurance provision" means the contract

 8  provision authorized in subsection (1) and any other provision

 9  with respect to any loss-of-time coverage which may have the

10  effect of reducing an insurer's liability if the total amount

11  of loss-of-time benefits under all coverage exceeds a stated

12  relationship to the insured's earnings.

13         (c)  "Department" means the Department of Insurance.

14         (3)  The overinsurance provision authorized in

15  subsection (1) may be inserted only in a policy that provides

16  a loss-of-time benefit that may be payable for at least 52

17  weeks, that is issued on the basis of selective underwriting

18  of each individual application, and for which the application

19  includes a question designed to elicit information necessary

20  either to determine the ratio of the total loss-of-time

21  benefits of the insured to the insured's earned income or to

22  determine that such ratio does not exceed the percentage of

23  earnings, not less than 60 percent, selected by the insurer

24  and inserted in lieu of the blank factor in the overinsurance

25  provision.  The insurer may require, as part of the proof of

26  claim, the information necessary to administer the provision.

27  If the application indicates that other loss-of-time coverage

28  is to be discontinued, the amount of such other coverage must

29  be excluded in computing the alternative percentage in the

30  overinsurance provision.  The policy must define the term

31  "valid loss-of-time coverage" as approved by the department,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No.    





 1  which definition may include coverage provided by governmental

 2  agencies and by organizations subject to regulation by

 3  insurance law and by insurance authorities of this or any

 4  other state or of any country; coverage provided for such

 5  insured pursuant to any disability benefits, workers'

 6  compensation benefits, or employer's liability benefits

 7  provided by labor-management trustee plans or union welfare

 8  plans; salary continuance or pension programs; or any other

 9  coverage the inclusion of which has been approved by the

10  department.

11         (4)  If by any application of the overinsurance

12  provision an insurer affects a material reduction of benefits

13  otherwise payable under the policy, the insurer must refund,

14  for the period 2 years preceding the disability for which a

15  claim is made, any premium unearned on the policy by reason of

16  such reduction of coverage, subject to the insurer's right to

17  provide in the policy that no such reduction of benefits or

18  refund will be made unless the unearned premium to be refunded

19  amounts to $5.

20         (5)  The application for a policy containing the

21  overinsurance provision authorized by this section shall

22  include the following disclosure:

23         "The benefit payable under this policy may be reduced

24  if the total loss-of-time coverage in effect exceeds

25  ...(percent)... of your income."

26         (6)  The department may by rule prescribe definitions,

27  forms, and procedures necessary to administer this section.

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29  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 268

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         On page 1, line 27, after the semicolon,

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 5  insert:

 6         amending s. 627.624, F.S.; revising

 7         loss-of-time benefit requirements; providing

 8         definitions of the terms "earned income" and

 9         "overinsurance provisions"; requiring

10         disclosure for overinsurance provision;

11         authorizing the Department of Insurance to

12         adopt rules;

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