Bill Text: FL S0156 | 2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Loss Run Statements

Spectrum: Partisan Bill (Republican 1-0)

Status: (Enrolled - Dead) 2022-03-10 - Ordered engrossed, then enrolled [S0156 Detail]

Download: Florida-2022-S0156-Introduced.html

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       Florida Senate - 2022                                     SB 156
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-00235A-22                                            2022156__
    1                        A bill to be entitled                      
    2         An act relating to loss run statements; amending ss.
    3         626.9202 and 627.444, F.S.; revising the definition of
    4         the term “loss run statement”; specifying the entities
    5         that must receive requests for loss run statements;
    6         specifying that insurers must provide loss run
    7         statements under certain circumstances; revising the
    8         required claims history in loss run statements;
    9         providing applicability; limiting loss run statement
   10         requests with respect to group health insurance
   11         policies to group policyholders; repealing s.
   12         627.6647, F.S., relating to release of claims
   13         experience; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsections (1), (2), and (4) of section
   18  626.9202, Florida Statutes, are amended, and subsections (7) and
   19  (8) are added to that section, to read:
   20         626.9202 Loss run statements for all lines of insurance.—
   21         (1) As used in this section, the term:
   22         (a) “Loss run statement” means a report that contains the
   23  policy number, the period of coverage, the number of claims, the
   24  paid losses on all claims, and the date of each loss. The term
   25  does not include supporting claim file documentation, including,
   26  but not limited to, copies of claim files, investigation
   27  reports, evaluation statements, insureds’ statements, and
   28  documents protected by a common law or statutory privilege. As
   29  applied to group health insurance, the term means a report that
   30  also contains the premiums paid, the number of insureds on a
   31  monthly basis, and the dependent status.
   32         (b) “Provide” means to electronically send a document or to
   33  allow access through an electronic portal to view or generate a
   34  document.
   35         (2) Notwithstanding any other law, an insurer shall provide
   36  to an insured within 15 calendar days after an individual or
   37  entity designated by the insurer receives receipt of the
   38  insured’s written request, either:
   39         (a) A loss run statement; or
   40         (b) For personal lines of insurance, information on how to
   41  obtain a loss run statement at no charge through a consumer
   42  reporting agency. However, this section does not prohibit an
   43  insured from requesting a loss run statement after receiving
   44  information from a consumer reporting agency, in which case the
   45  insurer shall then provide the loss run statement within 15
   46  calendar days after the individual or entity designated by the
   47  insurer receives the insured’s subsequent written request.
   48         (4) A loss run statement provided pursuant to this section
   49  must contain a claims history with the insurer for the preceding
   50  3 5 years or, if the claims history is less than 3 5 years, a
   51  complete claims history with the insurer.
   52         (7) This section does not apply to a life insurer as
   53  defined in s. 624.602.
   54         (8) For group health insurance, only the group policyholder
   55  may request and be provided a loss run statement pursuant to
   56  this section.
   57         Section 2. Subsections (1), (2), and (4) of section
   58  627.444, Florida Statutes, are amended, and subsections (7) and
   59  (8) are added to that section, to read:
   60         627.444 Loss run statements for all lines of insurance.—
   61         (1) As used in this section, the term:
   62         (a) “Loss run statement” means a report that contains the
   63  policy number, the period of coverage, the number of claims, the
   64  paid losses on all claims, and the date of each loss. The term
   65  does not include supporting claim file documentation, including,
   66  but not limited to, copies of claim files, investigation
   67  reports, evaluation statements, insureds’ statements, and
   68  documents protected by a common law or statutory privilege. As
   69  applied to group health insurance, the term means a report that
   70  also contains the premiums paid, the number of insureds on a
   71  monthly basis, and the dependent status.
   72         (b) “Provide” means to electronically send a document or to
   73  allow access through an electronic portal to view or generate a
   74  document.
   75         (2) Notwithstanding any other law, an insurer shall provide
   76  to an insured within 15 calendar days after an individual or
   77  entity designated by the insurer receives receipt of the
   78  insured’s written request, either:
   79         (a) A loss run statement; or
   80         (b) For personal lines of insurance, information on how to
   81  obtain a loss run statement at no charge through a consumer
   82  reporting agency. However, this section does not prohibit an
   83  insured from requesting a loss run statement after receiving
   84  information from a consumer reporting agency, in which case the
   85  insurer shall then provide the loss run statement within 15
   86  calendar days after the individual or entity designated by the
   87  insurer receives the insured’s subsequent written request.
   88         (4) A loss run statement provided pursuant to this section
   89  must contain a claims history with the insurer for the preceding
   90  3 5 years or, if the claims history is less than 3 5 years, a
   91  complete claims history with the insurer.
   92         (7) This section does not apply to a life insurer as
   93  defined in s. 624.602.
   94         (8) For group health insurance, only the group policyholder
   95  may request and be provided a loss run statement pursuant to
   96  this section.
   97         Section 3. Section 627.6647, Florida Statutes, is repealed.
   98         Section 4. This act shall take effect upon becoming a law.