Florida Senate - 2016                      CS for CS for SB 1274
       
       
        
       By the Committees on Fiscal Policy; and Banking and Insurance;
       and Senator Latvala
       
       594-04393-16                                          20161274c2
    1                        A bill to be entitled                      
    2         An act relating to limited sinkhole coverage
    3         insurance; amending s. 624.407, F.S.; specifying the
    4         amount of surplus funds required for domestic insurers
    5         applying for a certificate of authority to provide
    6         limited sinkhole coverage insurance; amending s.
    7         624.408, F.S.; specifying the minimum surplus that
    8         must be maintained by insurers that provide limited
    9         sinkhole coverage insurance; creating s. 627.7151,
   10         F.S.; authorizing certain insurers to offer limited
   11         sinkhole coverage insurance in this state; providing
   12         applicability; providing a limitation of coverage;
   13         authorizing a specified limitation of coverage subject
   14         to a certain condition; authorizing certain policy
   15         terms; requiring an insurance agent to obtain a
   16         specified signed acknowledgement from an applicant
   17         before issuing a policy; authorizing insurer forms and
   18         exempting forms from approval; authorizing an insurer
   19         to establish and use rates in accordance with
   20         specified rate standards; requiring an insurer to
   21         provide a specified notice of changes to rates within
   22         a specified timeframe to the Office of Insurance
   23         Regulation; requiring an insurer to maintain certain
   24         actuarial data for a specified timeframe; authorizing
   25         the office to require an insurer to incur the costs
   26         associated with examining such data; providing factors
   27         for the office in determining whether a rate is
   28         excessive, inadequate, or unfairly discriminatory;
   29         authorizing a surplus lines agent to export a contract
   30         or endorsement for sinkhole coverage to a surplus
   31         lines insurer without meeting certain requirements;
   32         requiring the insurer to notify the office before
   33         writing sinkhole insurance and to file a plan of
   34         operation with the office; providing an effective
   35         date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (1) of section 624.407, Florida
   40  Statutes, is amended to read:
   41         624.407 Surplus required; new insurers.—
   42         (1) To receive authority to transact any one kind or
   43  combinations of kinds of insurance, as defined in part V of this
   44  chapter, an insurer applying for its original certificate of
   45  authority in this state shall possess surplus as to
   46  policyholders at least the greater of:
   47         (a) For a property and casualty insurer, $5 million, or
   48  $2.5 million for any other insurer;
   49         (b) For life insurers, 4 percent of the insurer’s total
   50  liabilities;
   51         (c) For life and health insurers, 4 percent of the
   52  insurer’s total liabilities, plus 6 percent of the insurer’s
   53  liabilities relative to health insurance;
   54         (d) For all insurers other than life insurers and life and
   55  health insurers, 10 percent of the insurer’s total liabilities;
   56  or
   57         (e) Notwithstanding paragraph (a) or paragraph (d), for a
   58  domestic insurer that transacts residential property insurance
   59  and is:
   60         1. Not a wholly owned subsidiary of an insurer domiciled in
   61  any other state, $15 million.
   62         2. A wholly owned subsidiary of an insurer domiciled in any
   63  other state, $50 million; or
   64         (f)Notwithstanding paragraphs (a), (d), and (e), for a
   65  domestic insurer that only transacts limited sinkhole coverage
   66  insurance for personal lines residential property pursuant to s.
   67  627.7151, $7.5 million.
   68         Section 2. Paragraph (h) is added to subsection (1) of
   69  section 624.408, Florida Statutes, to read:
   70         624.408 Surplus required; current insurers.—
   71         (1) To maintain a certificate of authority to transact any
   72  one kind or combinations of kinds of insurance, as defined in
   73  part V of this chapter, an insurer in this state must at all
   74  times maintain surplus as to policyholders at least the greater
   75  of:
   76         (h)Notwithstanding paragraphs (e), (f), and (g), for a
   77  domestic insurer that only transacts limited sinkhole coverage
   78  insurance for personal lines residential property pursuant to s.
   79  627.7151, $7.5 million.
   80  
   81  The office may reduce the surplus requirement in paragraphs (f)
   82  and (g) if the insurer is not writing new business, has premiums
   83  in force of less than $1 million per year in residential
   84  property insurance, or is a mutual insurance company.
   85         Section 3. Section 627.7151, Florida Statutes, is created
   86  to read:
   87         627.7151Limited sinkhole coverage insurance.—
   88         (1)An authorized insurer may issue, but is not required to
   89  make available, a limited sinkhole coverage insurance policy
   90  providing personal lines residential coverage, subject to
   91  underwriting, for the peril of sinkhole loss on any structure or
   92  the contents of personal property contained therein, subject to
   93  this section and ss. 627.706–627.7074. This section does not
   94  apply to commercial lines residential or commercial lines
   95  nonresidential coverage for the peril of sinkhole loss. This
   96  section also does not apply to coverage for the peril of
   97  sinkhole loss that is excess coverage over any other insurance
   98  covering the peril of sinkhole loss.
   99         (2)Limited sinkhole coverage insurance must cover only
  100  losses from the peril of sinkhole loss, as defined in s.
  101  627.706(2)(j); however, such coverage shall not be required to
  102  provide for contents and additional living expenses.
  103         (3) Limited sinkhole coverage insurance may:
  104         (a)Notwithstanding s. 627.707(5), limit coverage to
  105  repairs to stabilize the building and repair the foundation in
  106  accordance with the recommendations of the professional engineer
  107  retained pursuant to s. 627.707(2). However, if the insurer’s
  108  professional engineer determines that the repair cannot be
  109  completed within policy limits, the insurer must pay to complete
  110  the repairs recommended by the insurer’s professional engineer
  111  or tender the policy limits to the policyholder.
  112         (b) In addition to the deductibles authorized under s.
  113  627.706(1)(b), offer deductibles agreed to by the insured and
  114  the insurer.
  115         (c) Offer policy limits agreed to by the insured and the
  116  insurer, provided policy limits below $50,000 are not allowed
  117  unless that amount exceeds full replacement costs of the
  118  property.
  119         (4) Before issuing a limited sinkhole coverage insurance
  120  policy under this section, the insurance agent must obtain from
  121  an applicant an acknowledgement signed by the applicant that
  122  includes the following statement in at least 12-point bold,
  123  uppercase type: “BY ACCEPTING THIS LIMITED SINKHOLE COVERAGE
  124  INSURANCE POLICY I HAVE READ AND UNDERSTAND THE LIMITATIONS THAT
  125  MAY APPLY TO MY POLICY.” The signed acknowledgment must also
  126  include, in at least 12-point bold, uppercase type, for a
  127  policy:
  128         (a)That limits limited sinkhole coverage to an amount less
  129  than the full replacement cost of the property, the following
  130  statement: “THIS POLICY LIMITS SINKHOLE COVERAGE TO LESS THAN
  131  THE FULL COST OF REPLACEMENT FOR THE PROPERTY, WHICH MAY RESULT
  132  IN HIGH OUT-OF-POCKET EXPENSES TO YOU AND MAY PUT YOUR EQUITY IN
  133  THIS PROPERTY AT RISK.”
  134         (b)That provides for a deductible which exceeds the
  135  deductibles authorized under s. 627.706(1)(b), the following
  136  statement: “THIS POLICY EXCEEDS THE DEDUCTIBLE AMOUNT PERMITTED
  137  FOR OTHER AUTHORIZED SINKHOLE LOSS INSURANCE POLICIES WHICH MAY
  138  RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU.”
  139         (5) An insurer may establish and use limited sinkhole
  140  coverage forms. Limited sinkhole coverage forms are not subject
  141  to filing and approval pursuant to s. 627.410.
  142         (6)(a)An insurer may establish and use limited sinkhole
  143  coverage rates in accordance with the rate standards provided in
  144  s. 627.062.
  145         (b)For limited sinkhole coverage rates filed with the
  146  office before October 1, 2019, the insurer may also establish
  147  and use such rates in accordance with the rates, rating
  148  schedules, or rating manuals filed by the insurer with the
  149  office which allow the insurer a reasonable rate of return on
  150  limited sinkhole coverage written in this state. Limited
  151  sinkhole coverage rates established pursuant to this paragraph
  152  are not subject to s. 627.062(2)(a) or (f). An insurer shall
  153  notify the office of any change to such rates within 30 days
  154  after the effective date of the change. The notice must include
  155  the name of the insurer and the average statewide percentage
  156  change in rates. Actuarial data with regard to such rates for
  157  limited sinkhole coverage must be maintained by the insurer for
  158  2 years after the effective date of such rate change and is
  159  subject to examination by the office. The office may require the
  160  insurer to incur the costs associated with an examination. Upon
  161  examination, the office, in accordance with generally accepted
  162  and reasonable actuarial techniques, shall consider the rate
  163  factors in s. 627.062(2)(b) and (d), and the standards in s.
  164  627.062(2)(e), to determine whether the rate is excessive,
  165  inadequate, or unfairly discriminatory.
  166         (7)A surplus lines agent may export limited sinkhole
  167  coverage insurance to an eligible surplus lines insurer without
  168  satisfying the conditions set forth in s. 626.916(1). This
  169  subsection expires July 1, 2020.
  170         (8)In addition to any other applicable requirements, an
  171  insurer providing limited sinkhole coverage in this state must:
  172         (a)Notify the office at least 30 days before writing
  173  limited sinkhole coverage insurance in this state.
  174         (b)File a plan of operation and financial projections or
  175  revisions to such plan, as applicable, with the office.
  176         Section 4. This act shall take effect July 1, 2016.