Florida Senate - 2013                                     SB 418
       By Senator Detert
       28-00501-13                                            2013418__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 627.421,
    3         F.S.; authorizing the posting of specified types of
    4         insurance policies and endorsements on an insurer’s
    5         Internet website in lieu of mailing or delivery to the
    6         insured if the insurer complies with certain
    7         conditions; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 627.421, Florida Statutes, is amended to
   12  read:
   13         627.421 Delivery of policy.—
   14         (1) Subject to the insurer’s requirement as to payment of
   15  premium, every policy shall be mailed or delivered to the
   16  insured or to the person entitled thereto not later than 60 days
   17  after the effectuation of coverage.
   18         (2) In the event the original policy is delivered or is so
   19  required to be delivered to or for deposit with any vendor,
   20  mortgagee, or pledgee of any motor vehicle, and in which policy
   21  any interest of the vendee, mortgagor, or pledgor in or with
   22  reference to such vehicle is insured, a duplicate of such policy
   23  setting forth the name and address of the insurer, insurance
   24  classification of vehicle, type of coverage, limits of
   25  liability, premiums for the respective coverages, and duration
   26  of the policy, or memorandum thereof containing the same such
   27  information, shall be delivered by the vendor, mortgagee, or
   28  pledgee to each such vendee, mortgagor, or pledgor named in the
   29  policy or coming within the group of persons designated in the
   30  policy to be so included. If the policy does not provide
   31  coverage of legal liability for injury to persons or damage to
   32  the property of third parties, a statement of such fact shall be
   33  printed, written, or stamped conspicuously on the face of such
   34  duplicate policy or memorandum. This subsection does not apply
   35  to inland marine floater policies.
   36         (3) Any automobile liability or physical damage policy
   37  shall contain on the front page a summary of major coverages,
   38  conditions, exclusions, and limitations contained in that
   39  policy. Any such summary shall state that the issued policy
   40  should be referred to for the actual contractual governing
   41  provisions. The company may, in lieu of the summary, provide a
   42  readable policy.
   43         (4) Notwithstanding subsections (1) and (2), commercial
   44  motor vehicle or personal lines property and casualty insurance
   45  policies and endorsements that do not contain personally
   46  identifiable information may be mailed, delivered, or posted on
   47  the insurer’s Internet website. If the insurer elects to post
   48  insurance policies and endorsements on its Internet website in
   49  lieu of mailing or delivery to insureds, the insurer must comply
   50  with the following:
   51         (a) Each policy and endorsement must be easily accessible
   52  for as long as the policy and endorsement remains in force.
   53         (b) The insurer must archive all of its expired policies
   54  and endorsements and make any expired policy and endorsement
   55  available upon an insured’s request for at least 5 years after
   56  expiration of the policy and endorsement.
   57         (c) Each policy and endorsement must be posted in a manner
   58  that enables the insured to print and save the policy and
   59  endorsement using a program or application that is widely
   60  available on the Internet without charge.
   61         (d) When the insurer issues an initial policy form or any
   62  renewal form, the insurer must notify the insured, in the manner
   63  the insurer customarily uses to communicate with insureds, that
   64  the insured has the right to request and obtain without charge a
   65  paper or electronic copy of the insured’s policy and
   66  endorsements.
   67         (e) On each declarations page issued to the insured, the
   68  insurer must clearly identify the exact policy form and
   69  endorsement form purchased by the insured.
   70         (f) If the insurer changes any policy form or endorsement,
   71  the insurer must notify the insured, in the manner the insurer
   72  customarily uses to communicate with insureds, that the insured
   73  has the right to request and obtain without charge a paper or
   74  electronic copy of such form or endorsement.
   75         Section 2. This act shall take effect July 1, 2013.