Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 408
                                Barcode 117314                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 16/AD/2R         .                                
             04/27/2011 02:23 PM       .                                

       Senator Richter moved the following:
    1         Senate Amendment 
    3         Delete lines 2606 - 2674
    4  and insert:
    5         1. A policy covering both a home and motor vehicle may be
    6  nonrenewed for any reason applicable to either the property or
    7  motor vehicle insurance after providing 90 days notice. The
    8  insurer shall give the named insured written notice of
    9  nonrenewal, cancellation, or termination at least 180 days prior
   10  to the effective date of the nonrenewal, cancellation, or
   11  termination for a named insured whose residential structure has
   12  been insured by that insurer or an affiliated insurer for at
   13  least a 5-year period immediately prior to the date of the
   14  written notice.
   15         2. If When cancellation is for nonpayment of premium, at
   16  least 10 days’ written notice of cancellation accompanied by the
   17  reason therefor must shall be given. As used in this
   18  subparagraph, the term “nonpayment of premium” means failure of
   19  the named insured to discharge when due any of her or his
   20  obligations in connection with the payment of premiums on a
   21  policy or any installment of such premium, whether the premium
   22  is payable directly to the insurer or its agent or indirectly
   23  under any premium finance plan or extension of credit, or
   24  failure to maintain membership in an organization if such
   25  membership is a condition precedent to insurance coverage. The
   26  term “Nonpayment of premium” also means the failure of a
   27  financial institution to honor an insurance applicant’s check
   28  after delivery to a licensed agent for payment of a premium,
   29  even if the agent has previously delivered or transferred the
   30  premium to the insurer. If a dishonored check represents the
   31  initial premium payment, the contract and all contractual
   32  obligations are shall be void ab initio unless the nonpayment is
   33  cured within the earlier of 5 days after actual notice by
   34  certified mail is received by the applicant or 15 days after
   35  notice is sent to the applicant by certified mail or registered
   36  mail, and if the contract is void, any premium received by the
   37  insurer from a third party must shall be refunded to that party
   38  in full.
   39         3. If When such cancellation or termination occurs during
   40  the first 90 days during which the insurance is in force and the
   41  insurance is canceled or terminated for reasons other than
   42  nonpayment of premium, at least 20 days’ written notice of
   43  cancellation or termination accompanied by the reason therefor
   44  must shall be given unless except where there has been a
   45  material misstatement or misrepresentation or failure to comply
   46  with the underwriting requirements established by the insurer.
   47         4. The requirement for providing written notice of
   48  nonrenewal by June 1 of any nonrenewal that would be effective
   49  between June 1 and November 30 does not apply to the following
   50  situations, but the insurer remains subject to the requirement
   51  to provide such notice at least 100 days before prior to the
   52  effective date of nonrenewal:
   53         a. A policy that is nonrenewed due to a revision in the
   54  coverage for sinkhole losses and catastrophic ground cover
   55  collapse pursuant to s. 627.706, as amended by s. 30, chapter
   56  2007-1, Laws of Florida.
   57         b. A policy that is nonrenewed by Citizens Property
   58  Insurance Corporation, pursuant to s. 627.351(6), for a policy
   59  that has been assumed by an authorized insurer offering
   60  replacement or renewal coverage to the policyholder is exempt
   61  from the notice requirements of paragraph (a) and this
   62  paragraph. In such cases, the corporation must give the named
   63  insured written notice of nonrenewal at least 45 days before the
   64  effective date of the nonrenewal.
   66  After the policy has been in effect for 90 days, the policy may
   67  shall not be canceled by the insurer unless except when there
   68  has been a material misstatement, a nonpayment of premium, a
   69  failure to comply with underwriting requirements established by
   70  the insurer within 90 days after of the date of effectuation of
   71  coverage, or a substantial change in the risk covered by the
   72  policy or if when the cancellation is for all insureds under
   73  such policies for a given class of insureds. This paragraph does
   74  not apply to individually rated risks having a policy term of
   75  less than 90 days.
   76         5.Notwithstanding any other provision of law, an insurer