Florida Senate - 2008 (Reformatted) SB 400

By Senator Fasano

11-00383-08 2008400__

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A bill to be entitled

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An act relating to insurance; amending s. 626.9541, F.S.;

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providing that an insurer's failure to offer in this state

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any kind or line of insurance which it offers in another

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jurisdiction constitutes an unfair method of competition

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and unfair or deceptive act; providing penalties;

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providing for rules; providing an effective date.

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

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     Section 1.  Paragraph (ee) is added to subsection (1) of

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section 626.9541, Florida Statutes, to read:

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     626.9541  Unfair methods of competition and unfair or

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deceptive acts or practices defined.--

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     (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE

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ACTS.--The following are defined as unfair methods of competition

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and unfair or deceptive acts or practices:

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     (ee) Selectively limiting insurance offerings.--Failing to

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offer in this state a kind or line of insurance which the insurer

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offers in another jurisdiction. An insurer need not offer every

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kind or line of insurance, or any particular kind or line of

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insurance, in this state; however, if an insurer offers a

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particular kind or line of insurance anywhere the insurer does

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business, the insurer must offer the same kind or line in this

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state. The commission shall adopt rules to administer this

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paragraph.

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     Section 2.  This act shall take effect July 1, 2008.

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