Bill Text: FL S0178 | 2011 | Regular Session | Comm Sub

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

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Bill Title: Commercial Insurance Rates

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 603 [S0178 Detail]

Download: Florida-2011-S0178-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 178
       
       
       
       By the Committee on Banking and Insurance; and Senator Oelrich
       
       
       
       
       597-01794-11                                           2011178c1
    1                        A bill to be entitled                      
    2         An act relating to commercial insurance rates;
    3         amending s. 627.062, F.S.; exempting certain liability
    4         and property insurance lines from specific rate
    5         standards and filing requirements; revising certain
    6         reporting and recordkeeping requirements for such
    7         exempt insurers and certain rating organizations
    8         regarding rate changes; deleting a provision that
    9         permits the Office of Insurance Regulation of the
   10         Financial Services Commission to require such insurers
   11         to provide certain information regarding rates at the
   12         insurer’s expense; amending s. 627.0651, F.S.;
   13         exempting certain commercial motor vehicle insurance
   14         from specific rate standards and filing requirements;
   15         revising certain reporting and recordkeeping
   16         requirements for such exempt insurers and certain
   17         rating organizations regarding rate changes; deleting
   18         a provision that permits the Office of Insurance
   19         Regulation of the Financial Services Commission to
   20         require such insurers to provide certain information
   21         regarding rates at the insurer’s expense; providing an
   22         effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (3) of section 627.062, Florida
   27  Statutes, is amended to read:
   28         627.062 Rate standards.—
   29         (3)(a) For individual risks that are not rated in
   30  accordance with the insurer’s rates, rating schedules, rating
   31  manuals, and underwriting rules filed with the office and which
   32  have been submitted to the insurer for individual rating, the
   33  insurer must maintain documentation on each risk subject to
   34  individual risk rating. The documentation must identify the
   35  named insured and specify the characteristics and classification
   36  of the risk supporting the reason for the risk being
   37  individually risk rated, including any modifications to existing
   38  approved forms to be used on the risk. The insurer must maintain
   39  these records for a period of at least 5 years after the
   40  effective date of the policy.
   41         (b) Individual risk rates and modifications to existing
   42  approved forms are not subject to this part or part II, except
   43  for paragraph (a) and ss. 627.402, 627.403, 627.4035, 627.404,
   44  627.405, 627.406, 627.407, 627.4085, 627.409, 627.4132,
   45  627.4133, 627.415, 627.416, 627.417, 627.419, 627.425, 627.426,
   46  627.4265, 627.427, and 627.428, but are subject to all other
   47  applicable provisions of this code and rules adopted thereunder.
   48         (c) This subsection does not apply to private passenger
   49  motor vehicle insurance.
   50         (d)1. The following categories or kinds of insurance and
   51  types of commercial lines risks are not subject to paragraph
   52  (2)(a) or paragraph (2)(f):
   53         a. Excess or umbrella.
   54         b. Surety and fidelity.
   55         c. Boiler and machinery and leakage and fire extinguishing
   56  equipment.
   57         d. Errors and omissions.
   58         e. Directors and officers, employment practices, fiduciary
   59  liability, and management liability.
   60         f. Intellectual property and patent infringement liability.
   61         g. Advertising injury and Internet liability insurance.
   62         h. Property risks rated under a highly protected risks
   63  rating plan.
   64         i. General liability.
   65         j. Nonresidential property.
   66         k. Nonresidential multiperil.
   67         l. Excess property.
   68         m.i. Any other commercial lines categories or kinds of
   69  insurance or types of commercial lines risks that the office
   70  determines should not be subject to paragraph (2)(a) or
   71  paragraph (2)(f) because of the existence of a competitive
   72  market for such insurance, similarity of such insurance to other
   73  categories or kinds of insurance not subject to paragraph (2)(a)
   74  or paragraph (2)(f), or to improve the general operational
   75  efficiency of the office.
   76         2. Insurers or rating organizations shall establish and use
   77  rates, rating schedules, or rating manuals to allow the insurer
   78  a reasonable rate of return on insurance and risks described in
   79  subparagraph 1. which are written in this state.
   80         3. An insurer must notify the office of any changes to
   81  rates for insurance and risks described in subparagraph 1. no
   82  later than 30 days after the effective date of the change. The
   83  notice must include the name of the insurer, the type or kind of
   84  insurance subject to rate change, total premium written during
   85  the immediately preceding year by the insurer for the type or
   86  kind of insurance subject to the rate change, and the average
   87  statewide percentage change in rates. Actuarial data
   88  Underwriting files, premiums, losses, and expense statistics
   89  with regard to rates for insurance and risks described in
   90  subparagraph 1. written by an insurer shall be maintained by the
   91  insurer for 2 years after the effective date of changes to rates
   92  and are subject to examination by the office. Upon examination,
   93  the office shall, in accordance with generally accepted and
   94  reasonable actuarial techniques, consider the rate factors in
   95  paragraphs (2)(b), (c), and (d) and the standards in paragraph
   96  (2)(e) to determine if the rate is excessive, inadequate, or
   97  unfairly discriminatory.
   98         4. A rating organization must notify the office of any
   99  changes to loss cost for insurance and risks described in
  100  subparagraph 1. no later than 30 days after the effective date
  101  of the change. The notice must include the name of the rating
  102  organization, the type or kind of insurance subject to a loss
  103  cost change, loss costs during the immediately preceding year
  104  for the type or kind of insurance subject to the loss cost
  105  change, and the average statewide percentage change in loss
  106  cost. Actuarial data Loss and exposure statistics with regard to
  107  changes to loss cost for risks applicable to loss costs for a
  108  rating organization not subject to paragraph (2)(a) or paragraph
  109  (2)(f) shall be maintained by the rating organization for 2
  110  years after the effective date of the change and are subject to
  111  examination by the office. Upon examination, the office shall,
  112  in accordance with generally accepted and reasonable actuarial
  113  techniques, consider the rate factors in paragraphs (2)(b)-(d)
  114  and the standards in paragraph (2)(e) to determine if the rate
  115  is excessive, inadequate, or unfairly discriminatory.
  116         5. In reviewing a rate, the office may require the insurer
  117  to provide at the insurer’s expense all information necessary to
  118  evaluate the condition of the company and the reasonableness of
  119  the rate according to the applicable criteria described in this
  120  section.
  121         Section 2. Subsection (14) of section 627.0651, Florida
  122  Statutes, is amended to read:
  123         627.0651 Making and use of rates for motor vehicle
  124  insurance.—
  125         (14)(a) Commercial motor vehicle insurance covering a fleet
  126  of 20 or more self-propelled vehicles is not subject to
  127  subsection (1), subsection (2), or subsection (9) or s.
  128  627.0645.
  129         (b) The rates for insurance described in this subsection
  130  may not be excessive, inadequate, or unfairly discriminatory.
  131         (c) Insurers shall establish and use rates, rating
  132  schedules, or rating manuals to allow the insurer a reasonable
  133  rate of return on commercial motor vehicle insurance written in
  134  this state covering a fleet of 20 or more self-propelled
  135  vehicles.
  136         (d) An insurer must notify the office of any changes to
  137  rates for type of insurance described in this subsection no
  138  later than 30 days after the effective date of the change. The
  139  notice shall include the name of the insurer, the type or kind
  140  of insurance subject to rate change, total premium written
  141  during the immediately preceding year by the insurer for the
  142  type or kind of insurance subject to the rate change, and the
  143  average statewide percentage change in rates. Actuarial data
  144  with regard to rates for risks Underwriting files, premiums,
  145  losses, and expense statistics for the type of insurance
  146  described in this subsection shall be maintained by the insurer
  147  for 2 years after the effective date of changes to rates and are
  148  subject to examination by the office. Upon examination, the
  149  office shall, in accordance with generally accepted and
  150  reasonable actuarial techniques, consider the factors in
  151  paragraphs (2)(a)–(l) and apply subsections (3)-(8) to determine
  152  if the rate is excessive, inadequate, or unfairly
  153  discriminatory.
  154         (e) A rating organization must notify the office of any
  155  changes to loss cost for the type of insurance described in this
  156  subsection no later than 30 days after the effective date of the
  157  change. The notice shall include the name of the rating
  158  organization, the type or kind of insurance subject to a loss
  159  cost change, loss costs during the immediately preceding year
  160  for the type or kind of insurance subject to the loss cost
  161  change, and the average statewide percentage change in loss
  162  cost. Actuarial data Loss and exposure statistics with regard to
  163  changes to loss cost for risks applicable to loss costs for a
  164  rating organization not subject to subsection (1), subsection
  165  (2), or subsection (9) shall be maintained by the rating
  166  organization for 2 years after the effective date of the change
  167  and are subject to examination by the office. Upon examination,
  168  the office shall, in accordance with generally accepted and
  169  reasonable actuarial techniques, consider the rate factors in
  170  paragraphs (2)(a)-(l) and apply subsections (3)-(8) to determine
  171  if the rate is excessive, inadequate, or unfairly
  172  discriminatory.
  173         (f) In reviewing the rate, the office may require the
  174  insurer to provide at the insurer’s expense all information
  175  necessary to evaluate the condition of the company and the
  176  reasonableness of the rate according to the applicable criteria
  177  described herein.
  178         Section 3. This act shall take effect July 1, 2011.