Bill Amendment: FL S0156 | 2022 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Loss Run Statements

Status: 2022-03-10 - Ordered engrossed, then enrolled [S0156 Detail]

Download: Florida-2022-S0156-Senate_Committee_Amendment_774698.html

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       Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 156
       
       
       
       
       
       
                                Ì774698kÎ774698                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Broxson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 35 - 93
    4  and insert:
    5         (2) Notwithstanding any other law, an insurer or surplus
    6  lines agent shall provide to an insured within 15 calendar days
    7  after an individual or entity designated by the insurer receives
    8  receipt of the insured’s written request, either:
    9         (a) A loss run statement; or
   10         (b) For personal lines of insurance, information on how to
   11  obtain a loss run statement at no charge through a consumer
   12  reporting agency. However, this section does not prohibit an
   13  insured from requesting a loss run statement after receiving
   14  information from a consumer reporting agency, in which case the
   15  insurer or surplus lines agent shall then provide the loss run
   16  statement within 15 calendar days after the individual or entity
   17  designated by the insurer receives the insured’s subsequent
   18  written request.
   19         (4) A loss run statement provided pursuant to this section
   20  must contain a claims history with the insurer for the preceding
   21  3 5 years or, if the claims history is less than 3 5 years, a
   22  complete claims history with the insurer.
   23         (7) This section does not apply to life insurance as
   24  defined in s. 624.602.
   25         (8) For group health insurance, only the group policyholder
   26  may request and be provided a loss run statement pursuant to
   27  this section.
   28         Section 2. Subsections (1), (2), and (4) of section
   29  627.444, Florida Statutes, are amended, and subsections (7) and
   30  (8) are added to that section, to read:
   31         627.444 Loss run statements for all lines of insurance.—
   32         (1) As used in this section, the term:
   33         (a) “Loss run statement” means a report that contains the
   34  policy number, the period of coverage, the number of claims, the
   35  paid losses on all claims, and the date of each loss. The term
   36  does not include supporting claim file documentation, including,
   37  but not limited to, copies of claim files, investigation
   38  reports, evaluation statements, insureds’ statements, and
   39  documents protected by a common law or statutory privilege. As
   40  applied to group health insurance, the term means a report that
   41  also contains the premiums paid, the number of insureds on a
   42  monthly basis, and the dependent status.
   43         (b) “Provide” means to electronically send a document or to
   44  allow access through an electronic portal to view or generate a
   45  document.
   46         (2) Notwithstanding any other law, an insurer shall provide
   47  to an insured within 15 calendar days after an individual or
   48  entity designated by the insurer receives receipt of the
   49  insured’s written request, either:
   50         (a) A loss run statement; or
   51         (b) For personal lines of insurance, information on how to
   52  obtain a loss run statement at no charge through a consumer
   53  reporting agency. However, this section does not prohibit an
   54  insured from requesting a loss run statement after receiving
   55  information from a consumer reporting agency, in which case the
   56  insurer shall then provide the loss run statement within 15
   57  calendar days after the individual or entity designated by the
   58  insurer receives the insured’s subsequent written request.
   59         (4) A loss run statement provided pursuant to this section
   60  must contain a claims history with the insurer for the preceding
   61  3 5 years or, if the claims history is less than 3 5 years, a
   62  complete claims history with the insurer.
   63         (7) This section does not apply to:
   64         (a) Life insurance as defined in s. 624.602.
   65         (b) A workers’ compensation or employer’s liability
   66  insurance policy subject to s. 627.291.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete line 3
   71  and insert:
   72         626.9202, F.S.; revising the definition of the term
   73         “loss run statement”; revising the entities which must
   74         provide certain information to insureds after
   75         receiving requests for loss run statements; specifying
   76         the entities that must receive requests for loss run
   77         statements; specifying that insurers or surplus lines
   78         agents must provide loss run statements under certain
   79         circumstances; revising the required claims history in
   80         loss run statements; providing applicability; limiting
   81         loss run statement requests with respect to group
   82         health insurance policies to group policyholders;
   83         amending s. 627.444, F.S.; revising the definition of