Senate Bill sb1730
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    Florida Senate - 2007                                  SB 1730
    By Senator Lawson
    6-1478-07
  1                      A bill to be entitled
  2         An act relating to title insurance rates;
  3         amending s. 627.783, F.S.; authorizing title
  4         insurers and rating organizations to petition
  5         the Office of Insurance Regulation for specific
  6         rate deviations or special coverage in addition
  7         to adopted premiums; providing procedures for
  8         the filing and review of petitions and related
  9         forms; requiring insurers and rating
10         organizations to establish and use rates,
11         rating schedules, or rating manuals that will
12         allow a reasonable rate of return on premiums
13         written in this state; requiring that insurers
14         file such rates, rating schedules, and rating
15         manuals with the office according to certain
16         procedures; requiring the office to issue a
17         notice of intent to approve or disapprove a
18         filing within a specified period after the
19         office receives the filing; providing that a
20         filing is deemed approved if the office does
21         not issue the required notice within a
22         specified period; requiring the office to state
23         its reasons for disapproval with specificity;
24         requiring the office to review a petition to
25         determine if it is excessive, inadequate, or
26         unfairly discriminatory; requiring the office
27         to consider certain factors when reviewing a
28         petition; providing standards on which the
29         office may base a finding that a rate is
30         excessive, inadequate, or unfairly
31         discriminatory; requiring insurers to provide
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    Florida Senate - 2007                                  SB 1730
    6-1478-07
 1         the office with certain information upon the
 2         office's request; authorizing the office to
 3         review certain information at any time to
 4         determine if a previously filed rate is
 5         excessive, inadequate, or unfairly
 6         discriminatory; providing procedures for
 7         disapproval of such a rate; prohibiting the
 8         office from disapproving certain rates as
 9         excessive unless certain extenuating
10         circumstances exist; requiring that the office
11         give notice to the insurer if the office finds
12         on a preliminary basis that an existing rate is
13         excessive, inadequate, or unfairly
14         discriminatory; providing that the insurer may
15         submit certain information in support of such a
16         rate; prohibiting an insurer from altering such
17         a rate for a specified period after receiving
18         notice; requiring the office to issue an order
19         of disapproval if it finds that a rate is
20         excessive, inadequate, or unfairly
21         discriminatory; providing that an insurer may
22         demand arbitration of a rate instead of an
23         administrative hearing; providing requirements
24         and procedures for arbitration of rate filings;
25         requiring the office and the insurer to treat
26         the decision of the arbitrators as a final
27         ruling regarding the approval or disapproval of
28         a filing; providing for payment of arbitration
29         costs; requiring the office to adopt rules;
30         providing for a waiver of certain rights by the
31         insurer upon the inception of arbitration;
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    Florida Senate - 2007                                  SB 1730
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 1         providing an exception to such waiver;
 2         authorizing the Financial Services Commission
 3         to adopt rules; providing an effective date.
 4  
 5  Be It Enacted by the Legislature of the State of Florida:
 6  
 7         Section 1.  Subsection (1) of section 627.783, Florida
 8  Statutes, is amended, and subsections (3) and (4) are added to
 9  that section, to read:
10         627.783  Rate deviation.--
11         (1)  A title insurer or rating organization may
12  petition the office for an order authorizing a specific
13  deviation from the adopted premium or for special coverage in
14  addition to the adopted premiums, and a title insurer or title
15  insurance agent may petition the office for an order
16  authorizing and permitting a specific deviation above the
17  reasonable charge for related title services rendered as
18  specified in s. 627.782(1). The petition must shall be sworn,
19  in writing, and sworn to and shall set forth allegations of
20  fact upon which the petitioner will rely, including the
21  petitioner's reasons for requesting the deviation. If
22  appropriate, any related form must be filed pursuant to s.
23  627.777 and reviewed concurrently with the petition. Any
24  authorized title insurer, agent, or agency may join in the
25  petition for like authority to deviate or may file a separate
26  petition praying for similar like authority or opposing the
27  deviation. The office shall rule on all such petitions
28  simultaneously. The rates and forms approved pursuant to this
29  section shall be available for an additional charge when a
30  title policy is provided.
31  
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 1         (3)  As to all such petitions for deviations or special
 2  coverage:
 3         (a)  Insurers or rating organizations shall establish
 4  and use rates, rating schedules, or rating manuals that will
 5  allow the insurer a reasonable rate of return on premiums
 6  written in this state. Insurers and rating organizations must
 7  file a copy of all rates, rating schedules, rating manuals,
 8  and any changes thereto with the office using the following
 9  procedure:
10         1.  The filing must be made at least 90 days before the
11  proposed effective date and the filing may not be implemented
12  during the office's review of the filing, any resulting
13  proceeding, or any judicial review. The office shall finalize
14  its review by issuing a notice of intent to approve or a
15  notice of intent to disapprove within 90 days after receipt of
16  the filing. The notice of intent to approve and the notice of
17  intent to disapprove constitute agency action for purposes of
18  chapter 120. Requests for supporting information, requests for
19  mathematical or mechanical corrections, or notification to the
20  insurer by the office of its preliminary findings do not toll
21  the 90-day period during any such proceedings and subsequent
22  judicial review.
23         2.  The rate shall be deemed approved if the office
24  does not issue a notice of intent to approve or a notice of
25  intent to disapprove within 90 days after receipt of the
26  filing. If the office issues a notice of intent to disapprove,
27  it must state with specificity its reasons for disapproval.
28         (b)  Upon receiving a petition for deviation, the
29  office shall review it to determine if it is excessive,
30  inadequate, or unfairly discriminatory. In making that
31  determination, the office shall, in accordance with generally
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 1  accepted and reasonable actuarial techniques, consider the
 2  factors specified in s. 627.782(2).
 3         (c)  After consideration of the rate factors described
 4  in paragraph (b), the office may find a rate to be excessive,
 5  inadequate, or unfairly discriminatory based upon the
 6  following standards:
 7         1.  Rates shall be deemed excessive if they are likely
 8  to produce a profit from businesses in this state which is
 9  unreasonably high in relation to the risk involved in the
10  title business or if expenses are unreasonably high in
11  relation to services rendered.
12         2.  Rates shall be deemed inadequate if they are
13  clearly insufficient, together with the investment income
14  attributable to them, to sustain projected losses and expenses
15  in the title of business to which they apply.
16         (d)  When reviewing a rate filing, the office may
17  require the insurer to provide at the insurer's expense all
18  information necessary to evaluate the condition of the company
19  and the reasonableness of the filing according to the criteria
20  enumerated in this section.
21         (e)  The office may at any time review a rate, rating
22  schedule, rating manual, rate change, pertinent records of the
23  insurer, or market conditions. If the office finds on a
24  preliminary basis that a rate may be excessive, inadequate, or
25  unfairly discriminatory, the office shall initiate proceedings
26  to disapprove the rate and shall immediately notify the
27  insurer. However, the office may not disapprove as excessive
28  any rate for which it has given final approval or which has
29  been deemed approved for a period of 1 year after the
30  effective date of the filing unless the office finds that a
31  material misrepresentation or material error was made by the
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 1  insurer or in the filing. Upon being so notified, the insurer
 2  or rating organization shall, within 60 days, file with the
 3  office all information that, in the belief of the insurer or
 4  organization, proves the reasonableness, adequacy, and
 5  fairness of the rate or rate change. The office shall issue a
 6  notice of intent to approve or a notice of intent to
 7  disapprove pursuant to the procedures of paragraph (a) within
 8  90 days after receipt of the insurer's initial response. In
 9  such instances and in any administrative proceeding relating
10  to the legality of the rate, the insurer or rating
11  organization has the burden of proof by a preponderance of the
12  evidence to show that the rate is not excessive, inadequate,
13  or unfairly discriminatory. After the office notifies an
14  insurer that a rate may be excessive, inadequate, or unfairly
15  discriminatory, unless the office withdraws the notification,
16  the insurer may not alter the rate except to conform with the
17  office's notice until the earlier of 120 days after the date
18  the notification was provided or 180 days after the date of
19  the implementation of the rate. The office may, subject to
20  chapter 120, disapprove without the 60-day notification any
21  rate increase filed by an insurer within the prohibited time
22  period or during the time that the legality of the increased
23  rate is being contested.
24         (f)  If the office finds that a rate or rate change is
25  excessive, inadequate, or unfairly discriminatory, the office
26  shall issue an order of disapproval ordering the insurer to
27  file a new rate or rate schedule that responds to the findings
28  of the office. If the office finds that an insurer's rate or
29  rate change is inadequate, the new rate or rate schedule filed
30  with the office in response to such a finding applies only to
31  
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 1  new or renewal business of the insurer written on or after the
 2  effective date of the responsive filing.
 3         (g)  After any action with respect to a rate filing
 4  which constitutes agency action for purposes of chapter 120,
 5  an insurer may, in lieu of demanding a hearing under s.
 6  120.57, require arbitration of the rate filing. Arbitration
 7  shall be conducted by a board of arbitrators consisting of an
 8  arbitrator selected by the office, an arbitrator selected by
 9  the insurer, and an arbitrator selected jointly by the other
10  two arbitrators. Each arbitrator must be certified by the
11  American Arbitration Association. A decision is valid only
12  upon the affirmative vote of at least two of the arbitrators.
13  An arbitrator may not be an employee of any insurance
14  regulator, regulatory body, or any insurer, regardless of
15  whether the employing insurer does business in this state. The
16  office and the insurer must treat the decision of the
17  arbitrators as the final ruling regarding the approval or
18  disapproval of a rate filing. Costs of arbitration shall be
19  paid by the insurer.
20         1.  Arbitration under this subsection shall be
21  conducted pursuant to the procedures specified in ss. 682.06
22  and 682.10. Either party may apply to the circuit court to
23  vacate or modify the decision pursuant to s. 682.13 or s.
24  682.14. The office shall adopt rules for arbitration under
25  this subsection which may not be inconsistent with the
26  arbitration rules of the American Arbitration Association as
27  of January 1, 1996.
28         2.  Upon initiation of the arbitration process, the
29  insurer waives all rights to challenge the action of the
30  office under chapter 120 or any other provision of law;
31  however, such rights are restored to the insurer if the
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 1  arbitrators fail to render a decision within 90 days after
 2  initiation of the arbitration process.
 3         (4)  The Financial Services Commission may adopt rules
 4  to administer this section. These rules shall protect the
 5  interests of insureds, title insurers, title insurance agents,
 6  and the public, and must be in substantial compliance with
 7  policy and endorsement forms approved by the American Land
 8  Title Association (ALTA) relating to title insurance.
 9         Section 2.  This act shall take effect July 1, 2007.
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    Florida Senate - 2007                                  SB 1730
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 1            *****************************************
 2                          SENATE SUMMARY
 3    Authorizes title insurers and rating organizations to
      petition the Office of Insurance Regulation for specific
 4    rate deviations or special coverage in addition to
      adopted premiums. Provides procedures for the filing and
 5    review of petitions and related forms. Requires insurers
      and rating organizations to establish and use rates,
 6    rating schedules, or rating manuals that will allow a
      reasonable rate of return on deviations written in this
 7    state. Requires that insurers file such rates, rating
      schedules, and rating manuals with the office according
 8    to certain procedures. Requires the office to issue a
      notice of intent to approve or disapprove a filing within
 9    a specified period after the office receives the filing.
      Provides that a filing must be deemed approved if the
10    office does not issue the required notice within a
      specified period. Requires the office to state its
11    reasons for disapproval with specificity. Requires the
      office to review a petition to determine if it is
12    excessive, inadequate, or unfairly discriminatory.
      Requires the office to consider certain factors when
13    reviewing a petition. Provides standards on which the
      office may base a finding that a rate is excessive,
14    inadequate, or unfairly discriminatory. Requires insurers
      to provide the office with certain information upon the
15    office's request. Authorizes the office to review certain
      information at any time to determine if a previously
16    filed rate is excessive, inadequate, or unfairly
      discriminatory. Provides procedures for disapproval of
17    such a rate. Prohibits the office from disapproving
      certain rates as excessive unless certain extenuating
18    circumstances exist. Requires that the office give notice
      to the insurer if the office finds on a preliminary basis
19    that an existing rate is excessive, inadequate, or
      unfairly discriminatory. Provides that the insurer may
20    submit certain information in support of such a rate.
      Prohibits an insurer from altering such a rate for a
21    specified period after receiving notice. Requires the
      office to issue an order of disapproval if it finds that
22    a rate is excessive, inadequate, or unfairly
      discriminatory. Provides that an insurer may demand
23    arbitration of a rate instead of an administrative
      hearing. Provides requirements and procedures for
24    arbitration of rate filings. Requires the office and the
      insurer to treat the decision of the arbitrators as a
25    final ruling regarding the approval or disapproval of a
      filing. Provides for payment of arbitration costs.
26    Requires the office to adopt rules. Provides for a waiver
      of certain rights by the insurer upon the inception of
27    arbitration. Provides an exception to such waiver.
      Authorizes the Financial Services Commission to adopt
28    rules.
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