Florida Senate - 2020                                     SB 292
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00547-20                                             2020292__
    1                        A bill to be entitled                      
    2         An act relating to insurance claims data; creating ss.
    3         626.9202 and 627.444, F.S.; defining the terms “loss
    4         run statement” and “provide”; requiring surplus lines
    5         and authorized insurers, respectively, to provide loss
    6         run statements to insureds within a specified
    7         timeframe after receiving a written request; requiring
    8         insurers to notify the agent of record; specifying the
    9         loss run history required in such statements;
   10         prohibiting insurers from charging any fee for
   11         providing a loss run statement annually; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 626.9202, Florida Statutes, is created
   17  to read:
   18         626.9202 Loss run statements.—
   19         (1) As used in this section, the term:
   20         (a) “Loss run statement” means a report relating to risks
   21  maintained by an insurer which contains the history of claims
   22  occurring during a policy term.
   23         (b) “Provide” means to send a document electronically or to
   24  allow access through an electronic portal to view or generate a
   25  document.
   26         (2) Notwithstanding any other law, an insurer shall provide
   27  a loss run statement to an insured within 15 calendar days after
   28  receipt of a written request submitted by the insured.
   29         (3) At the time a loss run statement is provided to an
   30  insured, the insurer shall notify the agent of record that the
   31  loss run statement was provided.
   32         (4) A loss run statement provided pursuant to this section
   33  must contain a loss run history for the preceding 5 years or, if
   34  the history is less than 5 years, a complete loss run history
   35  with the insurer.
   36         (5) An insurer may not charge any fee to prepare and
   37  provide annually one loss run statement in accordance with this
   38  section.
   39         Section 2. Section 627.444, Florida Statutes, is created to
   40  read:
   41         627.444 Loss run statements.—
   42         (1) As used in this section, the term:
   43         (a) “Loss run statement” means a report relating to risks
   44  maintained by an insurer which contains the history of claims
   45  occurring during a policy term.
   46         (b) “Provide” means to send a document electronically or to
   47  allow access through an electronic portal to view or generate a
   48  document.
   49         (2) Notwithstanding any other law, an insurer shall provide
   50  a loss run statement to an insured within 15 calendar days after
   51  receipt of a written request submitted by the insured.
   52         (3) At the time a loss run statement is provided to an
   53  insured, the insurer shall notify the agent of record that the
   54  loss run statement was provided.
   55         (4) A loss run statement provided pursuant to this section
   56  must contain a loss run history for the preceding 5 years or, if
   57  the history is less than 5 years, a complete loss run history
   58  with the insurer.
   59         (5) An insurer may not charge any fee to prepare and
   60  provide annually one loss run statement in accordance with this
   61  section.
   62         Section 3. This act shall take effect July 1, 2020.