Florida Senate - 2013                              CS for SB 418
       By the Committee on Commerce and Tourism; and Senator Detert
       577-04365-13                                           2013418c1
    1                        A bill to be entitled                      
    2         An act relating to the delivery of insurance policies;
    3         amending s. 627.421, F.S.; authorizing the posting of
    4         specified types of insurance policies and endorsements
    5         on an insurer’s Internet website in lieu of mailing or
    6         delivery to the insured if the insurer complies with
    7         certain 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 within not later than
   17  60 days after the effectuation of coverage.
   18         (2) If In the event the original policy is delivered or is
   19  so required to be delivered to or for deposit with a 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 the such
   23  policy setting forth the name and address of the insurer,
   24  insurance 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 that such fact
   33  shall be printed, written, or stamped conspicuously on the face
   34  of the such duplicate policy or memorandum. This subsection does
   35  not apply to inland marine floater policies.
   36         (3) An Any automobile liability or physical damage policy
   37  must shall contain on the front page a summary of major
   38  coverages, conditions, exclusions, and limitations contained in
   39  that policy. Any Such summary must shall state that the issued
   40  policy should be referred to for the actual contractual
   41  governing provisions. The company may, in lieu of the summary,
   42  provide a readable policy.
   43         (4) Notwithstanding subsections (1) and (2), property and
   44  casualty insurance policies and endorsements that do not contain
   45  personally identifiable information may be posted on the
   46  insurer’s Internet website. If the insurer elects to post
   47  insurance policies and endorsements on its website in lieu of
   48  mailing or delivery to insureds, the insurer must comply with
   49  the following:
   50         (a) Each policy and endorsement must be easily accessible
   51  on the insurer’s website for as long as the policy and
   52  endorsement remain in force.
   53         (b) The insurer must archive and make all of its expired
   54  policies and endorsements available to an insured on its website
   55  for at least 5 years after expiration of the policy and
   56  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 or upon
   62  renewal, the insurer must notify the insured, in the manner the
   63  insurer customarily uses to communicate with the insured, 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 a policy form or endorsement,
   71  the insurer must notify the insured, in the manner the insurer
   72  customarily uses to communicate with the insured, that the
   73  insured has the right to request and obtain without charge a
   74  paper or electronic copy of such form or endorsement.
   75         Section 2. This act shall take effect July 1, 2013.