Florida Senate - 2012 SB 1248
By Senator Hays
20-00804-12 20121248__
1 A bill to be entitled
2 An act relating to the nonrenewal of insurance;
3 amending s. 626.9201, F.S.; providing specified
4 exemptions from the requirement that an insurer
5 provide notification of nonrenewal to an insured;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 626.9201, Florida Statutes, is amended
11 to read:
12 626.9201 Notice of cancellation or nonrenewal.—
13 (1) An insurer issuing a policy providing coverage for
14 property, casualty, surety, or marine insurance must shall give
15 the named insured at least 45 days’ advance written notice of
16 nonrenewal. If the policy is not to be renewed, the written
17 notice shall state the reason or reasons as to why the policy is
18 not to be renewed. This subsection does not apply:
19 (a) If the insurer, through notification to the insured or
20 the insured’s insurance agent, has manifested its willingness to
21 renew; or
22 (b) If a notice of cancellation for nonpayment of premium
23 is provided under subsection (2).
24 (2) An insurer issuing a policy providing coverage for
25 property, casualty, surety, or marine insurance must shall give
26 the named insured written notice of cancellation or termination
27 other than nonrenewal at least 45 days before prior to the
28 effective date of the cancellation or termination, including in
29 the written notice the reason or reasons for the cancellation or
30 termination, except that:
31 (a) If When cancellation is for nonpayment of premium, at
32 least 10 days’ written notice of cancellation accompanied by the
33 reason for cancellation must therefor shall be given. As used in
34 this paragraph, the term “nonpayment of premium” means the
35 failure of the named insured to discharge when due any of his or
36 her obligations in connection with the payment of premiums on a
37 policy or an installment of such a premium, whether the premium
38 or installment is payable directly to the insurer or its agent
39 or indirectly under any plan for financing premiums or extension
40 of credit or the failure of the named insured to maintain
41 membership in an organization if such membership is a condition
42 precedent to insurance coverage. The term also includes the
43 failure of a financial institution to honor the check of an
44 applicant for insurance which was delivered to a licensed agent
45 for payment of a premium, even if the agent previously delivered
46 or transferred the premium to the insurer. If a correctly
47 dishonored check represents payment of the initial premium, the
48 contract and all contractual obligations are void ab initio
49 unless the nonpayment is cured within the earlier of 5 days
50 after actual notice by certified mail is received by the
51 applicant or 15 days after notice is sent to the applicant by
52 certified mail or registered mail, and, if the contract is void,
53 any premium received by the insurer from a third party shall be
54 refunded to that party in full; and
55 (b) If When such cancellation or termination occurs during
56 the first 90 days during which the insurance is in force and if
57 the insurance is canceled or terminated for reasons other than
58 nonpayment, at least 20 days’ written notice of cancellation or
59 termination accompanied by the reason for cancellation or
60 termination must therefor shall be given, except if where there
61 has been a material misstatement or misrepresentation or failure
62 to comply with the underwriting requirements established by the
63 insurer.
64 (3) If an insurer fails to provide the 45-day or 20-day
65 written notice as required under this section, the coverage
66 provided to the named insured remains shall remain in effect
67 until 45 days after the notice is given or until the effective
68 date of replacement coverage obtained by the named insured,
69 whichever occurs first. The premium for the coverage remains
70 shall remain the same during any such extension period.
71 Section 2. This act shall take effect July 1, 2012.