NU Online News Service, Dec. 7, 3:45 p.m. EST
There is a new property insurance bill in the works in Florida–one that insurers hope will gain the support of new Gov. Rick Scott.
"We have to get it passed and signed, and we believe we will," said Samuel Miller, executive vice president of the Florida Insurance Council.
Mr. Miller said the bill could be taken up by the state Senate Banking and Insurance Committee in early 2011.
Earlier this year the industry threw its support behind SB 2044, which addressed many non-hurricane-related cost drivers for insurers.
The bill overwhelmingly made it through the state House and Senate but was vetoed by former Gov. Charlie Crist.
At the time the bill's sponsor, Sen. Garrett Richter, R-Naples, said the only explanation he had for the veto was "pure politics," and Chief Financial Officer Jeff Atwater–then the Senate president–said Mr. Crist mischaracterized the bill.
Sen. Richter said the new bill be different than 2044, since some things were put in the bill at the request of the former governor's office with the impression that in doing so, Mr. Crist would support and sign the bill.
"Some of those things that were done strictly for his benefit have been removed because I don't think they were good policy, or the best policy," said Sen.Richter, adding that the new bill is likely to address sinkholes in Florida. During the last session, the industry chose to give up on measures by lawmakers to address the sinkhole claims issue in order to give 2044 a better chance of passing.
Even without a substantial hurricane affecting Florida the last five years, nearly 40 percent of property insurers posted surplus losses the first six months of this year, Insurance Commissioner Kevin McCarty has said. Almost 60 percent of insurers posted underwriting losses.
Yet new hope, and a second chance, has arrived with a new governor and several new senators.
"I think they can and will understand how bad things are right now," said Mr. Miller. "We need them to be willing to make tough decisions. I know we will have the same strong coalition behind a new 2044."
Commissioner McCarty, who is waiting to hear whether he will remain the commissioner, supported 2044 along with then-CFO Alex Sink, numerous trade associations and then-Insurance Consumer Advocate Sean Shaw, as well as the state's insurer of last resort, Citizens Property Insurance Corp., and the Florida Hurricane Catastrophe Fund.
Among other things, 2044 adjusted the time period to file claims following a hurricane to three years from five years and included regulation of public adjusters. The legislation gave the Office of Insurance Regulation greater oversight of affiliated reinsurers and managing general agents. It also addressed expedited filings for the cost of reinsurance.
Mr. Miller said other bills could also be in the works. One may have to do rate regulation–a flex-rating proposal as an alternative to previously proposed full deregulation.
The other initiative is specific to Citizens. It is said this legislation could make it harder for residents to get coverage from and stay with the supposed last-resort insurer, which has grown to become the second-largest property writer in the state with an 11.4 percent market share in 2009, according to Highline Data, a part of Summit Business Media, which also owns National Underwriter.
State Farm is the largest with a 12.8 percent market share.
Florida has another opportunity to address the issues after another quiet hurricane season. This year matched a previous span of five years without a hurricane.
"We've never had six years in a row without [a hurricane]," Mr. Miller said. "I'm not saying we are due, but the market is a mess without them."
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