Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 292
       
       
       
       
       
       
                                Ì304154ÄÎ304154                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/12/2019           .                                
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       The Committee on Banking and Insurance (Broxson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 626.9202, Florida Statutes, is created
    6  to read:
    7         626.9202 Loss run statements for all lines of insurance.—
    8         (1)As used in this section, the term:
    9         (a)“Loss run statement” means a report that contains the
   10  policy number, the period of coverage, the number of claims, the
   11  paid losses on all claims, and the date of each loss. The term
   12  does not include supporting claim file documentation, including,
   13  but not limited to, copies of claim files, investigation
   14  reports, evaluation statements, insureds’ statements, and
   15  documents protected by a common law or statutory privilege.
   16         (b)“Provide” means to electronically send a document or to
   17  allow access through an electronic portal to view or generate a
   18  document.
   19         (2)Notwithstanding any other law, an insurer shall provide
   20  to an insured within 15 calendar days after receipt of the
   21  insured’s written request, either:
   22         (a)A loss run statement; or
   23         (b)For personal lines of insurance, information on how to
   24  obtain a loss run statement at no charge through a consumer
   25  reporting agency. However, this section does not prohibit an
   26  insured from requesting a loss run statement after receiving
   27  information from a consumer reporting agency.
   28         (3)At the time a loss run statement is provided to the
   29  insured, the insurer shall notify the agent of record that the
   30  loss run statement was provided to the insured.
   31         (4)A loss run statement provided pursuant to this section
   32  must contain a claims history with the insurer for the preceding
   33  5 years or, if the claims history is less than 5 years, a
   34  complete claims history with the insurer.
   35         (5)Notwithstanding any other provision of this section, an
   36  insurer is not required to provide loss reserve information.
   37         (6)Notwithstanding any other law, an insurer may not
   38  charge any fee to prepare and provide annually one loss run
   39  statement in accordance with this section.
   40         Section 2. Section 627.444, Florida Statutes, is created to
   41  read:
   42         627.444Loss run statements for all lines of insurance.—
   43         (1)As used in this section, the term:
   44         (a)“Loss run statement” means a report that contains the
   45  policy number, the period of coverage, the number of claims, the
   46  paid losses on all claims, and the date of each loss. The term
   47  does not include supporting claim file documentation, including,
   48  but not limited to, copies of claim files, investigation
   49  reports, evaluation statements, insureds’ statements, and
   50  documents protected by a common law or statutory privilege.
   51         (b)“Provide” means to electronically send a document or to
   52  allow access through an electronic portal to view or generate a
   53  document.
   54         (2)Notwithstanding any other law, an insurer shall provide
   55  to an insured within 15 calendar days after receipt of the
   56  insured’s written request, either:
   57         (a)A loss run statement; or
   58         (b)For personal lines of insurance, information on how to
   59  obtain a loss run statement at no charge through a consumer
   60  reporting agency. However, this section does not prohibit an
   61  insured from requesting a loss run statement after receiving
   62  information from a consumer reporting agency.
   63         (3)At the time a loss run statement is provided to the
   64  insured, the insurer shall notify the agent of record that the
   65  loss run statement was provided to the insured.
   66         (4)A loss run statement provided pursuant to this section
   67  must contain a claims history with the insurer for the preceding
   68  5 years or, if the claims history is less than 5 years, a
   69  complete claims history with the insurer.
   70         (5)Notwithstanding any other provision of this section, an
   71  insurer is not required to provide loss reserve information.
   72         (6)Notwithstanding any other law, an insurer may not
   73  charge any fee to prepare and provide annually one loss run
   74  statement in accordance with this section.
   75         Section 3. This act shall take effect January 1, 2021.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to insurance claims data; creating ss.
   83         626.9202 and 627.444, F.S.; defining the terms “loss
   84         run statement” and “provide”; requiring surplus lines
   85         and authorized insurers, respectively, to provide
   86         insureds either a loss run statement or certain
   87         information within a certain timeframe after receipt
   88         of the insured’s written request; providing
   89         construction; requiring insurers to provide notice to
   90         the agent of record after providing a loss run
   91         statement; specifying the required claims history in a
   92         loss run statement; providing that insurers are not
   93         required to provide loss reserve information;
   94         prohibiting insurers from charging a fee to prepare
   95         and provide one loss run statement annually; providing
   96         an effective date.