Florida Senate - 2018                                     SB 256
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00120-18                                            2018256__
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         627.062, F.S.; prohibiting certain attorney fees and
    4         costs paid by a property insurer from being included
    5         in such insurer’s rate base and from being used to
    6         justify a rate increase or rate change; amending s.
    7         627.422, F.S.; prohibiting certain property insurance
    8         policies from prohibiting or limiting the post-loss
    9         assignment of benefits; providing that an assignment
   10         agreement is not valid unless it meets specified
   11         requirements; providing requirements and prohibitions
   12         for assignees of post-loss benefits; requiring
   13         insurers to provide specified contact information on
   14         their websites and in policies; requiring assignees to
   15         deliver executed assignment agreements to insurers
   16         within a specified timeframe; requiring insurers, upon
   17         receiving such agreements, to make any initial
   18         inspections of covered property within specified
   19         timeframes; requiring insureds or assignees to provide
   20         a certain prelitigation notice and invoice to insurers
   21         within a specified timeframe; providing construction;
   22         requiring certain settlement proposals to a plaintiff
   23         to be served no earlier than a specified time;
   24         requiring the Office of Insurance Regulation to
   25         require each insurer to report annually certain data
   26         relating to claims paid pursuant to assignment
   27         agreements; requiring insurers to report certain
   28         information to opposing counsel for verification or
   29         certification; requiring the opposing counsel to
   30         verify or certify such information to the office;
   31         providing applicability; amending s. 627.7011, F.S.;
   32         prohibiting specified acts of insurers relating to
   33         homeowners’ insurance policies under certain
   34         circumstances; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (11) is added to section 627.062,
   39  Florida Statutes, to read:
   40         627.062 Rate standards.—
   41         (11) Attorney fees and costs paid by a property insurer
   42  pursuant to s. 627.428 may not be included in the property
   43  insurer’s rate base and may not be used to justify a rate
   44  increase or rate change.
   45         Section 2. Section 627.422, Florida Statutes, is amended to
   46  read:
   47         627.422 Assignment of policies or post-loss benefits.—A
   48  policy may be assignable, or not assignable, as provided by its
   49  terms.
   50         (1) LIFE OR HEALTH INSURANCE POLICIES.—Subject to its terms
   51  relating to assignability, any life or health insurance policy
   52  under the terms of which the beneficiary may be changed upon the
   53  sole request of the policyowner may be assigned either by pledge
   54  or transfer of title, by an assignment executed by the
   55  policyowner alone and delivered to the insurer, whether or not
   56  the pledgee or assignee is the insurer. Any such assignment
   57  shall entitle the insurer to deal with the assignee as the owner
   58  or pledgee of the policy in accordance with the terms of the
   59  assignment, until the insurer has received at its home office
   60  written notice of termination of the assignment or pledge or
   61  written notice by or on behalf of some other person claiming
   62  some interest in the policy in conflict with the assignment.
   63         (2) POST-LOSS BENEFITS UNDER CERTAIN PROPERTY INSURANCE
   64  POLICIES.—A personal lines residential property insurance
   65  policy, a commercial residential property insurance policy, or a
   66  commercial property insurance policy may not prohibit or limit
   67  the post-loss assignment of benefits. This subsection does not
   68  affect the assignment of benefits in other insurance policies.
   69         (a) An agreement to assign post-loss benefits under this
   70  subsection is not valid unless the agreement:
   71         1. Is in writing between the policyholder and assignee and
   72  is delivered to the insurer as provided in paragraph (c);
   73         2.Is limited to claims for work performed or to be
   74  performed by the assignee for damages claimed to be covered;
   75         3.Allows the policyholder to unilaterally cancel the
   76  assignment of post-loss benefits without penalty or obligation
   77  within 7 days after the execution of the assignment by an
   78  insured; provided, however, that the policyholder or insurer may
   79  be responsible for payment for work already performed during
   80  such period;
   81         4. Contains an accurate and up-to-date statement of the
   82  scope of work to be performed;
   83         5. Includes proof that the assignee possesses a valid
   84  certification from an entity that requires water damage
   85  remediation to be performed according to a standard approved by
   86  the American National Standards Institute; and
   87         6. Contains the following notice in at least 14-point,
   88  capitalized type:
   89  
   90  YOU ARE AUTHORIZING THE ASSIGNEE OF YOUR POLICY TO COMMUNICATE
   91  WITH YOUR INSURANCE COMPANY ON YOUR BEHALF. THIS ASSIGNMENT
   92  GIVES YOUR ASSIGNEE THE PRIMARY AUTHORITY TO NEGOTIATE WITH YOUR
   93  INSURANCE COMPANY ON YOUR BEHALF. PLEASE READ AND UNDERSTAND
   94  THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL
   95  THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION WITHIN 7 DAYS AFTER
   96  THE DATE THIS AGREEMENT IS EXECUTED. SHOULD YOU CANCEL THIS
   97  AGREEMENT, YOU OR YOUR INSURER MAY BE RESPONSIBLE FOR ANY WORK
   98  THAT HAS ALREADY BEEN PERFORMED. THIS AGREEMENT DOES NOT CHANGE
   99  YOUR OBLIGATION TO PERFORM THE DUTIES UNDER YOUR PROPERTY
  100  INSURANCE POLICY.
  101         (b) An assignee of post-loss benefits under this
  102  subsection:
  103         1. Must provide the policyholder with accurate and up-to
  104  date revised statements of the scope of work to be performed as
  105  supplemental or additional repairs are required, and must
  106  provide to the policyholder and insurer a final invoice and bill
  107  for service rendered within 7 business days after the date on
  108  which the work was completed;
  109         2. Must guarantee to the policyholder that the work
  110  performed conforms to current and accepted industry standards;
  111         3. May not charge the policyholder more than the applicable
  112  deductible contained in the policy unless the policyholder opts
  113  for additional work or betterment of materials at the
  114  policyholder’s own expense;
  115         4. May not pay referral fees totaling more than $750 in
  116  connection with the assignment; and
  117         5.May not charge the policyholder directly, except for
  118  additional work not covered under the policy which includes:
  119         a.Work performed that is rightfully denied as not covered;
  120  and
  121         b.Betterments or additional work not part of the loss.
  122         (c) An insurer shall provide on its website and in the
  123  policy its contact information for receiving the agreement that
  124  meets the requirements of paragraph (a). The contact information
  125  must include at least a dedicated facsimile number. After
  126  executing the assignment agreement, the assignee must deliver
  127  the agreement to the insurer within the later of:
  128         1. If a state of emergency was declared under s. 252.36 for
  129  a hurricane or other natural disaster and the property covered
  130  under the policy was damaged as a result of the hurricane or
  131  natural disaster, 7 days after the state of emergency is
  132  terminated; or
  133         2. Seven business days after execution of the agreement.
  134         (d) Notwithstanding s. 627.70131, upon receiving the
  135  agreement in paragraph (a), the insurer must make any initial
  136  inspections of the covered property within the later of:
  137         1. If a state of emergency was declared under s. 252.36 for
  138  a hurricane or other natural disaster and the property covered
  139  under the policy was damaged as a result of the hurricane or
  140  natural disaster, 7 days after the state of emergency is
  141  terminated; or
  142         2. Seven business days after receiving the agreement.
  143         (e) No later than 7 days before an insured or assignee
  144  initiates litigation against an insurer relating to a denied or
  145  limited claim, the insured or assignee must provide the insurer
  146  with notice of intent to initiate such litigation. The notice of
  147  intent must include a copy of the final invoice required under
  148  subparagraph (b)1. for the work that has been performed or an
  149  estimate of the work to be performed. This paragraph does not
  150  increase the time periods prescribed in s. 627.70131.
  151         (f) Notwithstanding any other law, in a dispute relating to
  152  the assignment of benefits for a personal lines residential
  153  property insurance policy, commercial residential property
  154  insurance policy, or commercial property insurance policy in
  155  which an assignee but not the named insured is a party, for any
  156  proposal for settlement made to a plaintiff, such proposal shall
  157  be served no earlier than 10 days after the date of commencement
  158  of the action.
  159         (g) This section does not apply to:
  160         1. An assignment, transfer, or conveyance granted to a
  161  subsequent purchaser of the property with an insurable interest
  162  in the property following a loss;
  163         2. A power of attorney under chapter 709 which grants to a
  164  management company, family member, guardian, or similarly
  165  situated person of an insured the authority to act on behalf of
  166  an insured as it relates to a property insurance claim; or
  167         3. Liability coverage under a property insurance policy.
  168         (3) ANNUAL REPORT.—The office shall require each insurer to
  169  report by March 31, 2020, and each year thereafter, data on each
  170  claim paid in the prior calendar year pursuant to an assignment
  171  agreement. Such data must include, but are not limited to:
  172         (a)The number of days between the first notice of loss and
  173  the initial inspection.
  174         (b) Loss severity.
  175         (c)Allocated loss adjustment expense.
  176         (d)For litigated claims:
  177         1.Any amount paid before litigation, the amount in
  178  dispute, the amount of any proposal for settlement, and the
  179  settlement or judgment amount;
  180         2.The amount of fees paid to the claimant’s attorney; and
  181         3.The amount and structure, whether fixed, hourly, or
  182  contingent, of fees paid to the insurer’s attorney.
  183  
  184  All information the insurer reports under this paragraph must
  185  first be reported to the opposing counsel on the litigated claim
  186  for verification or certification. The opposing counsel on the
  187  litigated claim shall report to the office its agreement or
  188  disagreement with the accuracy of the figures reported.
  189         (e) For nonlitigated claims, the difference between the
  190  insurer’s initial offer and the amount paid on the claim.
  191         (f)The time from the first notice of loss until the claim
  192  was closed.
  193         (g)For claims involving water damage, whether the adjuster
  194  possessed certification from an entity that requires water
  195  damage remediation to be performed according to a standard
  196  approved by the American National Standards Institute.
  197         Section 3. The amendments made by this act to s. 627.422,
  198  Florida Statutes, apply to assignment agreements entered into on
  199  or after January 1, 2019.
  200         Section 4. Paragraph (a) of subsection (3) of section
  201  627.7011, Florida Statutes, is amended to read:
  202         627.7011 Homeowners’ policies; offer of replacement cost
  203  coverage and law and ordinance coverage.—
  204         (3) In the event of a loss for which a dwelling or personal
  205  property is insured on the basis of replacement costs:
  206         (a) For a dwelling:,
  207         1. The insurer must initially pay at least the actual cash
  208  value of the insured loss, less any applicable deductible. The
  209  insurer shall pay any remaining amounts necessary to perform
  210  such repairs as work is performed and expenses are incurred. If
  211  a total loss of a dwelling occurs, the insurer shall pay the
  212  replacement cost coverage without reservation or holdback of any
  213  depreciation in value, pursuant to s. 627.702.
  214         2. The insurer may not require that a particular vendor
  215  make repairs to such dwelling.
  216         3. The insurer may not, unless expressly requested by the
  217  insured, recommend or suggest a particular vendor for repairs to
  218  be made to such dwelling.
  219         Section 5. This act shall take effect January 1, 2019.