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Committee/Subcommittee Amendment No. 3, Bill No. PCB COM 23-04 (2023)

Summary

Amendment No. 3 to PCB COM 23-04 (2023), offered by Representative Duggan in the Commerce Committee, with a publication stamp of 4/10/2023. It removes lines 146-271 and inserts examination provisions that distinguish high-risk, average-risk and low-risk insurers, and sets out the contents of a risk-based selection methodology, including use of risk-based capital reports and consideration of a downgrade in an insurer's financial strength rating. The text also lists conditions under which the office must initiate a market conduct examination, among them action by an insurance regulator in another state and a disproportionate number of claims-handling complaints. The proposed rule is to go to the commission no later than October 1, 2023.

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“Committee/Subcommittee Amendment No. 3, Bill No. PCB COM 23-04 (2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3220-commerce-committee-proposed-committee-bill-amendments-fn-pcb-d7c0c02753/, SHA-256 c1a5a410d4ee9893d1a6a7b18115e06cbcde1d5b1c652655f3984474469c257f.

Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                              Bill No. PCB COM 23-04   (2023)
       Amendment No. 3




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Duggan offered the following:
 3
 4          Amendment
 5          Remove lines 146-271 and insert:
 6     protection of the policyholders and in the public interest, but
 7     must, at a minimum, examine insurers as follows:
 8          1.     High-risk insurers not less frequently than once every
 9     3 years.
10          2.     Average-risk insurers not less frequently than once
11     every 5 years.
12          3.     Low-risk insurers not less frequently than once every 7
13     years and shall examine each domestic insurer not less
14     frequently than once every 5 years.
15


     PCB COM 23-04 a3
      Published On: 4/10/2023 1:09:15 PM
                                    Page 1 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCB COM 23-04      (2023)
       Amendment No. 3


16     The examination shall cover the preceding 5 fiscal years since
17     the last examination of the insurer, except for low-risk
18     insurers, in which case the examination shall cover the
19     preceding 5 fiscal years, and shall be commenced within 12
20     months after the end of the most recent fiscal year being
21     covered by the examination. The examination may cover any period
22     of the insurer’s operations since the last previous examination.
23     The examination may include examination of events subsequent to
24     the end of the most recent fiscal year and the events of any
25     prior period that affect the present financial condition of the
26     insurer.
27          (3)     The office shall create, and the commission shall
28     adopt by rule, a risk-based selection methodology for scheduling
29     and conducting examinations of insurers and other entities
30     subject to this section. This requirement does not restrict the
31     authority of the office to conduct market conduct examinations
32     as often as it deems advisable. Such methodology must include:
33          (a)     Use of currently required risk-based capital reports
34     to prioritize financial examinations of insurers when such
35     reporting indicates a decline in the insurer's financial
36     condition.
37          (b)     Consideration of any downgrade or threatened downgrade
38     in the insurer's financial strength rating.




     PCB COM 23-04 a3
      Published On: 4/10/2023 1:09:15 PM
                                    Page 2 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCB COM 23-04   (2023)
       Amendment No. 3


39          (c)   Prioritization of property insurers for which the
40     office identifies significant concerns about an insurer's
41     solvency pursuant to s. 627.7154.
42          (d)   Any other conditions the office deems necessary for
43     the protection of the public.
44
45     The office shall present the proposed rule required by this
46     subsection to the commission no later than October 1, 2023. In
47     addition to the methodology required by this subsection, the
48     rule must include a plan to implement the examination schedule
49     in subsection (2).
50          Section 5.     Subsection (7) of section 624.3161, Florida
51     Statutes, is amended, and subsection (8) is added to that
52     section, to read:
53          624.3161     Market conduct examinations.—
54          (7)   Notwithstanding subsection (1), any authorized insurer
55     transacting property insurance business in this state must may
56     be subject to an additional market conduct examination after a
57     hurricane if, at any time more than 90 days after the end of the
58     hurricane, the insurer:
59          (a)   Is among the top 20 percent of insurers based upon a
60     calculation of the ratio of hurricane-related property insurance
61     claims filed to the number of property insurance policies in
62     force;


     PCB COM 23-04 a3
      Published On: 4/10/2023 1:09:15 PM
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCB COM 23-04    (2023)
       Amendment No. 3


63          (b)   Is among the top 20 percent of insurers based upon a
64     calculation of the ratio of consumer complaints made to the
65     department to hurricane-related claims;
66          (c)   Has made significant payments to its managing general
67     agent since the hurricane; or
68          (d)   Is identified by the office as necessitating a market
69     conduct exam for any other reason.
70
71     All relevant criteria under this section and s. 624.316 shall be
72     applied to the market conduct examination under this subsection.
73     Such an examination must be initiated within 18 months after the
74     landfall of a hurricane that results in an executive order or a
75     state of emergency issued by the Governor. This requirement does
76     not limit in any way the authority of the office to conduct at
77     any time a market conduct examination of a property insurer in
78     the aftermath of a hurricane. An examination of an insurer under
79     this subsection must also include an examination of its managing
80     general agent as if it were the insurer.
81          (8)   The office shall create, and the commission shall
82     adopt by rule, a risk-based selection methodology for scheduling
83     and conducting market conduct examinations of insurers and other
84     entities regulated by the office. This requirement does not
85     restrict the authority of the office to conduct market conduct
86     examinations as often as it deems necessary. Under such
87     selection methodology, the office must initiate a market conduct
     PCB COM 23-04 a3
      Published On: 4/10/2023 1:09:15 PM
                                  Page 4 of 6
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCB COM 23-04    (2023)
        Amendment No. 3


 88     examination if any of the following conditions exist relating to
 89     an insurer or other entity regulated by the office:
 90          (a)     An insurance regulator in another state has initiated
 91     or taken regulatory action against the insurer or entity,
 92     including, but not limited to:
 93          1.    A licensure denial, suspension, or revocation;
 94          2.    Imposition of administrative fines; or
 95          3.    Issuance of a cease and desist order, consent order, or
 96     other order regarding actions or omissions of the insurer or
 97     entity.
 98          (b)     Given the insurer's market share in this state, the
 99     department or the office has received a disproportionate number
100     of the following types of claims-handling complaints against the
101     insurer:
102          1.    Failure to timely communicate with respect to claims;
103          2.    Failure to timely pay claims;
104          3.    Untimely payments giving rise to the payment of
105     statutory interest;
106          4.    Failure to adjust and pay claims in accordance wi th the
107     terms and conditions of the policy or contract and in compliance
108     with state law;
109          5.    Violations of the Unfair Insurance Trade Practices Act
110     in part IX of chapter 626;
111          6.    Failure to use licensed and duly appointed claims
112     adjusters;
      PCB COM 23-04 a3
       Published On: 4/10/2023 1:09:15 PM
                                     Page 5 of 6
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                             Bill No. PCB COM 23-04    (2023)
        Amendment No. 3


113          7.    Failure to maintain reasonable claims records; or
114          8.    Failure to adhere to the company's claims-handling
115     manual.
116          (c)    The results of a National Association of Insurance
117     Commissioners Market Conduct Annual Statement indicate the
118     insurer is a negative outlier with regard to particular metrics.
119          (d)    There is evidence the insurer is engaged in a pattern
120     or practice of violations of the Unfair Insurance Trade
121     Practices Act.
122          (e)    Any other conditions the office deems necessary for
123     the protection of the public.
124
125     The office shall present the proposed rule required by this
126     subsection to the commission no later than October 1, 2023. In
127     addition to the methodology required by this subsection, the
128     rule must provide criteria for how the office will determine
129     that it has received a disproportionate of the claims-handling
130     complaints described in paragraph (b).




      PCB COM 23-04 a3
       Published On: 4/10/2023 1:09:15 PM
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