Senate Bill sb7058pb

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7058

    FOR CONSIDERATION By the Committee on Banking and Insurance





    597-1386-05

  1                      A bill to be entitled

  2         An act relating to the solvency of insurers;

  3         amending s. 624.316, F.S.; revising

  4         requirements for the periodic examination of

  5         insurers by the Office of Insurance Regulation

  6         of the Financial Services Commission;

  7         increasing the period between examinations for

  8         insurers that maintain a risk-based capital

  9         level of a specified percentage; creating s.

10         624.4087, F.S.; requiring property insurers to

11         maintain surplus and reinsurance adequate to

12         cover the 100-year probable maximum loss from

13         hurricanes; providing requirements for

14         determining the probable maximum loss; amending

15         s. 624.424, F.S.; authorizing the office to

16         require that an insurer submit an actuarial

17         certification by an independent actuary;

18         amending s. 628.801, F.S.; revising a reference

19         with respect to registration requirements for

20         insurance holding companies; providing an

21         effective date.

22  

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

24  

25         Section 1.  Paragraph (a) of subsection (2) of section

26  624.316, Florida Statutes, is amended to read:

27         624.316  Examination of insurers.--

28         (2)(a)  Except as provided in paragraph (f), the office

29  may examine each insurer as often as may be warranted for the

30  protection of the policyholders and in the public interest,

31  and shall examine each domestic insurer not less frequently

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7058
    597-1386-05




 1  than once every 3 years, or once every 5 years if the office

 2  determines in accordance with s. 624.4085 that the insurer has

 3  maintained a risk-based capital level of 250 percent or higher

 4  for each completed fiscal year since the most recent previous

 5  examination of the insurer. The examination shall cover the

 6  preceding 3 fiscal years of the insurer since the most recent

 7  examination and shall be commenced within 12 months after the

 8  end of the most recent fiscal year being covered by the

 9  examination. The examination may cover any period of the

10  insurer's operations since the last previous examination. The

11  examination may include examination of events subsequent to

12  the end of the most recent fiscal year and the events of any

13  prior period that affect the present financial condition of

14  the insurer. In lieu of making its own examination, the office

15  may accept an independent certified public accountant's audit

16  report prepared on a statutory basis consistent with the

17  Florida Insurance Code on that specific company. The office

18  may not accept the report in lieu of the requirement imposed

19  by paragraph (1)(b). When an examination is conducted by the

20  office for the sole purpose of examining the 3 preceding

21  fiscal years of the insurer since the most recent examination

22  within 12 months after the opinion date of an independent

23  certified public accountant's audit report prepared on a

24  statutory basis on that specific company consistent with the

25  Florida Insurance Code, the cost of the examination as charged

26  to the insurer pursuant to s. 624.320 shall be reduced by the

27  cost to the insurer of the independent certified public

28  accountant's audit reports. Requests for the reduction in cost

29  of examination must be submitted to the office in writing no

30  later than 90 days after the conclusion of the examination and

31  shall include sufficient documentation to support the charges

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7058
    597-1386-05




 1  incurred for the statutory audit performed by the independent

 2  certified public accountant.

 3         Section 2.  Section 624.4087, Florida Statutes, is

 4  created to read:

 5         624.4087  Surplus and reinsurance requirements.--An

 6  authorized property insurer must maintain surplus and

 7  reinsurance adequate to cover its 100-year probable maximum

 8  loss from hurricanes. The determination of the 100-year

 9  probable maximum loss is presumed to be accurate if the

10  insurer uses actuarial methods, principles, standards, models,

11  and output ranges that are in conformance with the standards

12  adopted by the Florida Commission on Hurricane Loss Projection

13  Methodology pursuant to s. 627.0628.

14         Section 3.  Paragraph (b) of subsection (1) of section

15  624.424, Florida Statutes, is amended to read:

16         624.424  Annual statement and other information.--

17         (1)

18         (b)  Each insurer's annual statement must contain a

19  statement of opinion on loss and loss adjustment expense

20  reserves made by a member of the American Academy of Actuaries

21  or by a qualified loss reserve specialist, under criteria

22  established by rule of the commission. In adopting the rule,

23  the commission must consider any criteria established by the

24  National Association of Insurance Commissioners. The office

25  may require an insurer to submit an actuarial certification

26  prepared by an independent actuary and semiannual updates of

27  the annual statement of opinion as to a particular insurer if

28  the office has reasonable cause to believe that such reserves

29  are understated to the extent of materially misstating the

30  financial position of the insurer. Workpapers in support of

31  the statement of opinion must be provided to the office upon

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7058
    597-1386-05




 1  request. This paragraph does not apply to life insurance or

 2  title insurance.

 3         Section 4.  Section 628.801, Florida Statutes, is

 4  amended to read:

 5         628.801  Insurance holding companies; registration;

 6  regulation.--Every insurer which is authorized to do business

 7  in this state and which is a member of an insurance holding

 8  company shall register with the office and be subject to

 9  regulation with respect to its relationship to such holding

10  company as provided by rule or statute. The commission shall

11  adopt rules establishing the information and form required for

12  registration and the manner in which registered insurers and

13  their affiliates shall be regulated. The rules shall apply to

14  domestic insurers, foreign insurers, and commercially

15  domiciled insurers, except a foreign insurer domiciled in

16  states that are accredited by the National Association of

17  Insurance Commissioners by December 31, 1995. Except to the

18  extent of any conflict with this code, the rules must include

19  all requirements and standards of ss. 4 and 5 of the Insurance

20  Holding Company System Regulatory Act and the Insurance

21  Holding Company System Model Regulation of the National

22  Association of Insurance Commissioners, as the Regulatory Act

23  and the Model Regulation existed on January 1, 2005 1997, and

24  may include a prohibition on oral contracts between affiliated

25  entities. Upon request, the office may waive filing

26  requirements under this section for a domestic insurer that is

27  the subsidiary of an insurer that is in full compliance with

28  the insurance holding company registration laws of its state

29  of domicile, which state is accredited by the National

30  Association of Insurance Commissioners.

31         Section 5.  This act shall take effect January 1, 2006.

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    Florida Senate - 2005   (PROPOSED COMMITTEE BILL)     SPB 7058
    597-1386-05




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 2                          SENATE SUMMARY

 3    Provides for 5-year rather than 3-year examinations by
      the Office of Insurance Regulation for insurers that
 4    maintain a risk-based capital level of 250 percent.
      Requires property insurers to maintain surplus and
 5    reinsurance adequate to cover the 100-year probable
      maximum loss from hurricanes. Authorizes the office to
 6    require that an insurer submit an actuarial certification
      by an independent actuary. (See bill for details.)
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