Florida Senate - 2020                                    SB 1760
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-00901C-20                                           20201760__
    1                        A bill to be entitled                      
    2         An act relating to property insurance; amending s.
    3         626.913, F.S.; providing construction of the Surplus
    4         Lines Law relating to certain dispute resolution
    5         proceedings; creating s. 626.9285, F.S.; prohibiting
    6         surplus lines agents from delivering or issuing for
    7         delivery property insurance contracts containing
    8         specified provisions; amending s. 627.70131, F.S.;
    9         revising the definition of the term “insurer” to
   10         include eligible surplus lines insurers and certain
   11         insurers providing commercial property insurance;
   12         revising the basis for private causes of action;
   13         revising the definition of the term “claim” to include
   14         any claims under a commercial property insurance
   15         policy; revising applicability; amending s. 627.702,
   16         F.S.; defining the terms “insurer” and “total loss”;
   17         requiring property insurers’ liability to include
   18         certain coverages; providing circumstances under which
   19         such coverages are payable; creating s. 627.7035,
   20         F.S.; defining the term “insurer”; providing
   21         requirements for proceeding venues and jurisdiction of
   22         courts for specified property insurance policies and
   23         contracts; prohibiting such insurance policies and
   24         contracts from containing specified conditions,
   25         stipulations, and agreements; providing construction;
   26         providing applicability; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (5) is added to section 626.913,
   31  Florida Statutes, to read:
   32         626.913 Surplus Lines Law; short title; purposes.—
   33         (5)The Surplus Lines Law does not authorize litigation,
   34  arbitration, or mediation or any other dispute resolution
   35  proceeding for a residential or commercial property insurance
   36  claim involving real property located in this state to be
   37  conducted outside this state or to apply the laws of another
   38  state.
   39         Section 2. Section 626.9285, Florida Statutes, is created
   40  to read:
   41         626.9285Contracts with alternative dispute resolutions or
   42  application of laws of another state prohibited.—
   43         (1)A surplus lines agent may not deliver or issue for
   44  delivery in this state any property insurance contract
   45  containing a provision on an arbitration, mediation, or other
   46  alternative dispute resolution that occurs outside this state or
   47  a provision that applies the laws of another state.
   48         (2)This section applies to property insurance contracts
   49  issued or renewed on or after January 1, 2021, and does not
   50  apply to any claim existing or any action, dispute resolution
   51  proceeding, judicial proceeding, or administrative proceeding
   52  pending as of July 1, 2020.
   53         Section 3. Section 627.70131, Florida Statutes, is amended
   54  to read:
   55         627.70131 Insurer’s duty to acknowledge communications
   56  regarding claims; investigation.—
   57         (1)(4)As used in For purposes of this section, the term
   58  “insurer” means an insurer authorized to transact insurance in
   59  this state or an eligible surplus lines insurer, as defined in
   60  s. 626.914, that provides any residential or commercial property
   61  insurance in this state insurer.
   62         (2)(a)(1)(a) Upon an insurer’s receiving a communication
   63  with respect to a claim, the insurer shall, within 14 calendar
   64  days, review and acknowledge receipt of such communication
   65  unless payment is made within that period of time or unless the
   66  failure to acknowledge is caused by factors beyond the control
   67  of the insurer which reasonably prevent such acknowledgment. If
   68  the acknowledgment is not in writing, a notification indicating
   69  acknowledgment shall be made in the insurer’s claim file and
   70  dated. A communication made to or by an agent of an insurer with
   71  respect to a claim shall constitute communication to or by the
   72  insurer.
   73         (b) As used in this subsection, the term “agent” means any
   74  person to whom an insurer has granted authority or
   75  responsibility to receive or make such communications with
   76  respect to claims on behalf of the insurer.
   77         (c) This subsection does shall not apply to claimants
   78  represented by counsel beyond those communications necessary to
   79  provide forms and instructions.
   80         (3)(2) Such acknowledgment shall be responsive to the
   81  communication. If the communication constitutes a notification
   82  of a claim, unless the acknowledgment reasonably advises the
   83  claimant that the claim appears not to be covered by the
   84  insurer, the acknowledgment shall provide necessary claim forms,
   85  and instructions, including an appropriate telephone number.
   86         (4)(3) Unless otherwise provided by the policy of insurance
   87  or by law, within 10 working days after an insurer receives
   88  proof of loss statements, the insurer shall begin such
   89  investigation as is reasonably necessary unless the failure to
   90  begin such investigation is caused by factors beyond the control
   91  of the insurer which reasonably prevent the commencement of such
   92  investigation.
   93         (5)(a) Within 90 days after an insurer receives notice of
   94  an initial, reopened, or supplemental property insurance claim
   95  from a policyholder, the insurer shall pay or deny such claim or
   96  a portion of the claim unless the failure to pay is caused by
   97  factors beyond the control of the insurer which reasonably
   98  prevent such payment. Any payment of an initial or supplemental
   99  claim or portion of such claim made 90 days after the insurer
  100  receives notice of the claim, or made more than 15 days after
  101  there are no longer factors beyond the control of the insurer
  102  which reasonably prevented such payment, whichever is later,
  103  bears interest at the rate set forth in s. 55.03. Interest
  104  begins to accrue from the date the insurer receives notice of
  105  the claim. The provisions of this subsection may not be waived,
  106  voided, or nullified by the terms of the insurance policy. If
  107  there is a right to prejudgment interest, the insured shall
  108  select whether to receive prejudgment interest or interest under
  109  this subsection. Interest is payable when the claim or portion
  110  of the claim is paid. Failure to comply with this subsection
  111  constitutes a violation of this code and provides a. However,
  112  failure to comply with this subsection does not form the sole
  113  basis for a private cause of action.
  114         (b) Notwithstanding subsection (4), For purposes of this
  115  subsection, the term “claim” means any of the following:
  116         1. A claim under an insurance policy providing residential
  117  coverage as defined in s. 627.4025(1);
  118         2. A claim for structural or contents coverage under a
  119  commercial property insurance policy if the insured structure is
  120  10,000 square feet or less; or
  121         3. A claim for contents coverage under a commercial tenant
  122  policy if the insured premises is 10,000 square feet or less.
  123         (c) This subsection does shall not apply to claims under an
  124  insurance policy covering nonresidential commercial structures
  125  or contents in more than one state.
  126         Section 4. Subsection (1) of section 627.702, Florida
  127  Statutes, is amended to read:
  128         627.702 Valued policy law.—
  129         (1)(a)(c) It is the intent of the Legislature that the
  130  amendment to this section shall not be applied retroactively and
  131  shall apply only to claims filed after the effective date of
  132  such amendment.
  133         (b)As used in this section, the term:
  134         1.“Insurer” means an insurer authorized to transact
  135  insurance in this state or an eligible surplus lines insurer, as
  136  defined in s. 626.914.
  137         2.“Total loss” means a loss in which the damaged property
  138  is damaged to the extent that the applicable ordinances, rules,
  139  or laws in effect would prohibit or prevent the repair of the
  140  property, or for which the cost and expense to repair the
  141  damages would exceed the applicable coverage limit of the
  142  property insurance policy.
  143         (c)(1)(a) In the event of the total loss of any building,
  144  structure, mobile home as defined in s. 320.01(2), or
  145  manufactured building as defined in s. 553.36(13), located in
  146  this state and insured by any insurer as to a covered peril, in
  147  the absence of any change increasing the risk without the
  148  insurer’s consent and in the absence of fraudulent or criminal
  149  fault on the part of the insured or one acting in her or his
  150  behalf, the insurer’s liability under the policy for such total
  151  loss, if caused by a covered peril, must shall be in the amount
  152  of money for which such property was so insured as specified in
  153  the policy and for which a premium has been charged and paid.
  154         (d)The insurer’s liability under the policy must include
  155  liability for ordinance, rule, and law coverage. The obligation
  156  to tender ordinance, rule, or law coverage payments shall be
  157  triggered by a showing of the ordinance, rule, or law
  158  requirements, and expenses for ordinance, rule, or law
  159  requirements need not be incurred to be payable under this
  160  paragraph.
  161         (e)(b) The intent of this subsection is not to deprive an
  162  insurer of any proper defense under the policy, to create new or
  163  additional coverage under the policy, or to require an insurer
  164  to pay for a loss caused by a peril other than the covered
  165  peril. In furtherance of such legislative intent, when a loss
  166  was caused in part by a covered peril and in part by a
  167  noncovered peril, paragraph (c) (a) does not apply. In such
  168  circumstances, the insurer’s liability under this section shall
  169  be limited to the amount of the loss caused by the covered
  170  peril. However, if the covered perils alone would have caused
  171  the total loss, paragraph (c) applies (a) shall apply. The
  172  insurer is never liable for more than the amount necessary to
  173  repair, rebuild, or replace the structure following the total
  174  loss, after considering all other benefits actually paid for the
  175  total loss.
  176         Section 5. Section 627.7035, Florida Statutes, is created
  177  to read:
  178         627.7035Proceeding venues and jurisdiction of courts for
  179  real property coverage.—
  180         (1)As used in this section, the term “insurer” means an
  181  insurer authorized to transact insurance in this state or an
  182  eligible surplus lines insurer, as defined in s. 626.914.
  183         (2)Any litigation, arbitration, or mediation or any other
  184  dispute resolution proceeding involving a residential or
  185  commercial property insurance policy or contract issued by, or a
  186  claim against, an insurer covering real property in this state
  187  must be conducted in this state and governed by the laws of this
  188  state.
  189         (3)A residential or commercial property insurance policy
  190  or contract covering real property that is located in this state
  191  may not contain any condition, stipulation, or agreement
  192  depriving the courts of this state of the jurisdiction of action
  193  against the insurer.
  194         (4)Any provision of a residential or commercial property
  195  insurance policy or contract, including a policy or contract
  196  authorized under the Surplus Lines Law, ss. 626.913-626.937,
  197  that violates any provision of this section is void. However,
  198  such voiding does not affect the validity of other provisions of
  199  the policy or contract.
  200         (5)This section applies:
  201         (a)Only to residential or commercial property insurance
  202  policies or contracts covering real property located in this
  203  state.
  204         (b)To residential or commercial property insurance
  205  policies and contracts issued or renewed on or after January 1,
  206  2021, and does not apply to any claim existing or any action,
  207  dispute resolution proceeding, judicial proceeding, or
  208  administrative proceeding pending as of July 1, 2020.
  209         Section 6. The amendments to ss. 626.913, 627.70131, and
  210  627.702, Florida Statutes, made by this act apply to property
  211  insurance policies or contracts issued or renewed on or after
  212  January 1, 2021, and do not apply to any claim existing or any
  213  action, dispute resolution proceeding, judicial proceeding, or
  214  administrative proceeding pending as of July 1, 2020.
  215         Section 7. This act shall take effect July 1, 2020.