Senate Bill 1982c1

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    Florida Senate - 1999                           CS for SB 1982

    By the Committee on Banking and Insurance; and Senators Dyer,
    Mitchell and Grant




    311-1865-99

  1                      A bill to be entitled

  2         An act relating to title insurance reserve;

  3         amending s. 625.111, F.S.; specifying the

  4         components of unearned premium reserve for

  5         certain financial statements; providing a

  6         formula for releasing unearned premium reserve

  7         over a period of years; providing definitions;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 625.111, Florida Statutes, is

13  amended to read:

14         (Substantial rewording of section.  See

15         s. 625.111, F.S., for present text.)

16         625.111  Title insurance reserve.--In addition to an

17  adequate reserve as to outstanding losses relating to known

18  claims, as required under s. 625.041, a title insurer shall

19  establish, segregate, and maintain a guaranty fund or unearned

20  premium reserve as provided in this section. The sums required

21  under this section to be reserved for unearned premiums on

22  title guarantees and policies at all times and for all

23  purposes shall be considered and constitute unearned portions

24  of the original premiums and shall be charged as a reserve

25  liability of such insurer in determining its financial

26  condition. While such sums are so reserved, they shall be

27  withdrawn from the use of the insurer for its general

28  purposes, impressed with a trust in favor of the holders of

29  title guarantees and policies, and held available for

30  reinsurance of the title guarantees and policies in the event

31  of the insolvency of the insurer. Nothing contained in this

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    Florida Senate - 1999                           CS for SB 1982
    311-1865-99




  1  section shall preclude such insurer from investing such

  2  reserve in investments authorized by law for such an insurer

  3  and the income from such invested reserve shall be included in

  4  the general income of the insurer to be used by such insurer

  5  for any lawful purpose.

  6         (1)  For unearned premium reserves established on or

  7  after July 1, 1999, such unearned premium reserve shall

  8  consist of not less than an amount equal to the sum of:

  9         (a)  A reserve with respect to unearned premiums for

10  policies written or title liability assumed in reinsurance

11  before July 1, 1999, equal to the reserve established on June

12  30, 1999, for those unearned premiums with such reserve being

13  subsequently released as provided in subsection (2). For

14  domestic title insurers subject to this section, such amounts

15  shall be calculated in accordance with provisions of law of

16  this state in effect at the time the associated premiums were

17  written or assumed and as amended prior to July 1, 1999.

18         (b)  A total amount equal to 30 cents for each $1,000

19  of net retained liability for policies written or title

20  liability assumed in reinsurance on or after July 1, 1999,

21  with such reserve being subsequently released as provided in

22  subsection (2). For the purpose of calculating this reserve,

23  the total of the net retained liability for all simultaneous

24  issue policies covering a single risk shall be equal to the

25  liability for the policy with the highest limit covering that

26  single risk, net of any liability ceded in reinsurance.

27         (c)  An additional amount, if deemed necessary by a

28  qualified actuary, which shall be subsequently released as

29  provided in subsection (2). Using financial results as of

30  December 31 of each year, all domestic title insurers shall

31  obtain a Statement of Actuarial Opinion from a qualified

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    Florida Senate - 1999                           CS for SB 1982
    311-1865-99




  1  actuary regarding the insurer's loss and loss adjustment

  2  expense reserves, including reserves for known claims, adverse

  3  development on known claims, incurred but not reported claims,

  4  and unallocated loss adjustment expenses. The actuarial

  5  opinion shall conform to the annual statement instructions for

  6  title insurers adopted by the National Association of

  7  Insurance Commissioners and shall include the actuary's

  8  professional opinion of the insurer's reserves as of the date

  9  of the annual statement. If the amount of the reserve stated

10  in the opinion and displayed in Schedule P of the annual

11  statement for that reporting date is greater than the sum of

12  the known claim reserve and unearned premium reserve as

13  calculated under this section, as of the same reporting date

14  and including any previous actuarial provisions added at

15  earlier dates, the insurer shall add to the insurer's unearned

16  premium reserve an actuarial amount equal to the reserve shown

17  in the actuarial opinion, minus the known claim reserve and

18  the unearned premium reserve, as of the current reporting date

19  and calculated in accordance with this section, but in no

20  event calculated as of any date prior to December 31, 1999.

21  The comparison shall be made using that line on Schedule P

22  displaying the Total Net Loss and Loss Adjustment Expense

23  which is comprised of the Known Claim Reserve, and any

24  associated Adverse Development Reserve, the reserve for

25  Incurred But Not Reported Losses, and Unallocated Loss

26  Adjustment Expenses.

27         (2)(a)  With respect to the reserve established in

28  accordance with paragraph (1)(a), the domestic title insurer

29  shall release the reserve over a period of 20 subsequent years

30  as provided in this paragraph. The insurer shall release 30

31  percent of the initial aggregate sum during 1999, with one

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    Florida Senate - 1999                           CS for SB 1982
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  1  quarter of that amount being released on March 31, June 30,

  2  September 30, and December 31, 1999, with the March 31 and

  3  June 30 releases to be retroactive and reflected on the

  4  September 30 financial statements. Thereafter, the insurer

  5  shall release, on the same quarterly basis as specified for

  6  reserves released during 1999, a percentage of the initial

  7  aggregate sum as follows: 15 percent during calendar year

  8  2000, 10 percent during each of calendar years 2001 and 2002,

  9  5 percent during each of calendar years 2003 and 2004, 3

10  percent during each of calendar years 2005 and 2006, 2 percent

11  during each of calendar years 2007-2013, and 1 percent during

12  each of calendar years 2014-2018.

13         (b)  With respect to reserves established in accordance

14  with paragraph (1)(b), the unearned premium for policies

15  written or title liability assumed during a particular

16  calendar year shall be earned, and released from reserve, over

17  a period of 20 subsequent years as provided in this paragraph.

18  The insurer shall release 30 percent of the initial sum during

19  the year next succeeding the year the premium was written or

20  assumed, with one quarter of that amount being released on

21  March 31, June 30, September 30, and December 31 of such year.

22  Thereafter, the insurer shall release, on the same quarterly

23  basis as specified for reserves released during the year first

24  succeeding the year the premium was written or assumed, a

25  percentage of the initial sum as follows: 15 percent during

26  the next succeeding year, 10 percent during each of the next

27  succeeding 2 years, 5 percent during each of the next

28  succeeding 2 years, 3 percent during each of the next

29  succeeding 2 years, 2 percent during each of the next

30  succeeding 7 years, and 1 percent during each of the next

31  succeeding 5 years.

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    Florida Senate - 1999                           CS for SB 1982
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  1         (c)  With respect to reserves established in accordance

  2  with paragraph (1)(c), any additional amount established in

  3  any calendar year shall be released in the years subsequent to

  4  its establishment as provided in paragraph (b), with the

  5  timing and percentage of releases being in all respects

  6  identical to those of unearned premium reserves that are

  7  calculated as provided in paragraph (b) and established with

  8  regard to premiums written or liability assumed in reinsurance

  9  in the same year as the year in which any additional amount

10  was originally established.

11         (3)  At any reporting date, the amount of the required

12  releases or existing unearned premium reserves under

13  subsection (2) shall be calculated and deducted from the total

14  unearned premium reserve before any additional amount is

15  established for the current calendar year in accordance with

16  the provisions of paragraph (1)(c).

17         (4)  As used in this section:

18         (a)  "Net retained liability" means the total liability

19  retained by a title insurer for a single risk, after taking

20  into account the deduction for ceded liability, if any.

21         (b)  "Qualified actuary" means a person who is, as

22  detailed in the the National Association of Insurance

23  Commissioners' Annual Statement Instructions:

24         1.  A member in good standing of the Casualty Actuarial

25  Society;

26         2.  A member in good standing of the American Academy

27  of Actuaries who has been approved as qualified for signing

28  casualty loss reserve opinions by the Casualty Practice

29  Counsel of the American Academy of Actuaries; or

30         3.  A person who otherwise has competency in loss

31  reserve evaluation as demonstrated to the satisfaction of the

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    Florida Senate - 1999                           CS for SB 1982
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  1  insurance regulatory official of the domiciliary state. In

  2  such case, at least 90 days prior to the filing of its annual

  3  statement, the insurer must request approval that the person

  4  be deemed qualified and that request must be approved or

  5  denied. The request must include the National Association of

  6  Insurance Commissioners' Biographical Form and a list of all

  7  loss reserve opinions issued in the last 3 years by this

  8  person.

  9         (c)  "Single risk" means the insured amount of any

10  title insurance policy, except that where two or more title

11  insurance policies are issued simultaneously covering

12  different estates in the same real property, "single risk"

13  means the sum of the insured amounts of all such title

14  insurance policies. Any title insurance policy insuring a

15  mortgage interest a claim payment under which reduces the

16  insured amount of a fee or leasehold title insurance policy

17  shall be excluded in computing the amount of a single risk to

18  the extent that the insured amount of the mortgage title

19  insurance policy does not exceed the insured amount of the fee

20  or leasehold title insurance policy.

21         Section 2.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                           CS for SB 1982
    311-1865-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1982

  3

  4  Revises the schedule for release of unearned premium reserves
    by title insurers. As in the original bill, the committee
  5  substitute allows for release of 30 percent of the reserve
    during the first year. The committee substitute revises the
  6  percentage amounts that may be released for the subsequent 5
    years. The original bill provided for release of 15 percent of
  7  the reserve during each of the next 2 years and 5 percent
    during each of the next succeeding 3 years, while the
  8  committee substitute provides for release of 15 percent during
    the next succeeding year, 10 percent during each of the next
  9  succeeding 2 years, and 5 percent during each of the next
    succeeding 2 years.
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    Revises the criteria for the "qualified actuary" that a title
11  insurer must use to prepare an actuarial opinion regarding the
    insurer's reserves and adding requirements for such actuarial
12  opinion.

13  Clarifies that the application of the reserve release schedule
    is based on the date of establishing the unearned premium
14  reserve.

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