reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-175 - MOTOR VEHICLE INSURANCE › Section 69O-175.021 - Insurer Experience Reporting - Excessive Profits, Automobile Insurance

Current through Reg. 50, No. 138; July 16, 2024
(1) Any insurer authorized to transact
				private passenger automobile insurance in the state shall report the
				information required by sections
				627.931(1) and
				627.066, F.S., or required by
				rule, by completing and submitting to the Office of Insurance Regulation form
				OIR-B1-307 (07/03) "Private Passenger Automobile Excessive Profits Reporting
				Form" in accordance with the instructions provided therein which is adopted and
				incorporated herein by reference.
(2) For purposes of this rule, "insurer
				group" shall mean one or more insurers operating under common
				management.
(3) Reports are due on
				or before July 1st of each year.
(4) Form OIR-B1-307 (07/03),
http://www.flrules.org/Gateway/reference.asp?No=Ref-08273
,
				is available and shall be submitted electronically through the Data Collection
				and Analysis Module (DCAM) at
				http://www.floir.com/iportal.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 624.424, 627.066, 627.915(1)
					 FS.
New 1-16-83, Amended 6-14-84, Formerly 4-59.06, 4-59.006,
					 Amended 1-27-92, Formerly 4-175.021, Amended
					 7-30-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-175 - MOTOR VEHICLE INSURANCE › Section 69O-175.032 - Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Any insured
				wishing to have the cancellation of his auto insurance reviewed by the
				department shall submit Form STCC-1, "Application to Director for Review of
				Your Automobile Insurance Policy Cancellation," rev. 1-88, which is hereby
				adopted and incorporated by reference, accompanied by a fee of $7.50. The fee
				shall be submitted only by cashier's check, certified check, or money order,
				and shall be made payable to the Chief Financial Officer. Forms may be obtained
				from and shall be submitted to the Office of Insurance Regulation, Bureau of
				Consumer Assistance, 200 East Gaines Street, Tallahassee, Florida
				32399-0300.
(2) Upon receipt of a
				timely filed request for review, the department shall set a hearing on 10 days'
				notice to the parties. The Office shall issue written findings no later than 2
				days after the conclusion of the hearing.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.728 FS.
New 4-25-90, Formerly 4-102.002,
					 4-175.032.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.001 - Definition of "Motor Vehicle."

Current through Reg. 50, No. 138; July 16, 2024
"Motor vehicle," as referred to in Section
				  627.732(1),
				  F.S., means a 4 wheel self-propelled vehicle of a type required to be
				  registered and licensed under Florida law, which is not used as a public or
				  livery conveyance, and which is one of the following types:
(1) A private passenger vehicle, such as a
				sedan, station wagon or jeep-type vehicle;
(2) A pick-up or panel truck not used
				primarily in the occupation, business or profession of the owner;
(3) A utility automobile designed for
				personal use, as a camper, a motor home, a vehicle for family recreational
				purposes, or a vehicle with chassis and body similar to that of a light panel
				truck but containing passenger seats rather than open cargo space, but a
				utility automobile does not include any such automobile used primarily.
(a) In the occupation, profession or business
				of the owner; or
(b) For the
				transportation of passengers, other than members of the insured's family and
				incidental guests.
1. "Motor Vehicle" does not
				include a vehicle owned by the State of Florida, any political subdivision or
				municipality thereof, or the Federal Government.
2. "Motor Vehicle" described in subsection
				(2) or (3) of the above, definition of "Motor Vehicle" which has been
				specifically insured for Personal Injury Protection benefits on the
				representation of the named insured that the vehicle will not be driven for
				more than 50% of its total mileage during the policy period (1) in the
				occupation, profession or business of the insured or (2) for the transportation
				of passengers, other than members of the insured's family and incidental
				guests, shall be deemed to be a motor vehicle to which security has been
				provided as required by this Act.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.002 - Definition of "Owner."

Current through Reg. 50, No. 138; July 16, 2024
Section
				  627.732(3),
				  F.S., defining an owner to include one with right to possession of a motor
				  vehicle under a lease with option to purchase, is interpreted to mean that
				  motor vehicle subject to daily, weekly, or other short-term rental, regardless
				  of whether the agreement is called a "lease," and regardless of whether or not
				  the agreement contains an option to purchase, such vehicle shall be construed
				  to be owned by the registered owner. Lessees of motor vehicles subject to
				  long-term lease for a period of six months or more, under an agreement wherein
				  the lessor and lessee mutually agree that insurance will be provided by the
				  lessee, are construed to be "owners," without regard to whether or not the
				  lease agreement contains a purchase option.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.732(3) FS.
New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.02,
					 4-27.002, Amended 1-27-92, Formerly
					 4-176.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.005 - Personal Injury Protection Benefits; Exclusions; Interpretation

Current through Reg. 50, No. 138; July 16, 2024
Section
				  627.736(4)(d),
				  F.S., is interpreted as follows:
(1) As
				used in this section the phrase "While not an occupant of a motor vehicle or
				motorcycle" means while a pedestrian or while not an occupant of (a) a motor
				vehicle or (b) a motorcycle or any other type of self-propelled vehicle for
				which security under the Act is not required.
(2) In accordance with the intent, the Office
				interprets Sections 627.736(4)(d)1., as well as 627.736(4)(d)4., F.S., where
				the identical point is involved, as not requiring personal injury protection
				benefits to be provided for injuries sustained while a person is actually
				occupying (that is, not entering into or alighting from) a vehicle which is not
				a defined motor vehicle.
(3) As
				used in section 627.736(4)(d)2., F.S., the phrase "while occupying the owner's
				motor vehicle" includes occupancy of a motor vehicle of which a relative is the
				owner, provided such relative is in compliance with Section
				627.733,
				F.S.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.736(4)(d) FS.
New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.05,
					 4-27.005, 4-176.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.006 - Extent of Insurer's Liability

Current through Reg. 50, No. 138; July 16, 2024
As to the extent of an insurer's liability as referred to in
				  Sections 627.736(1),
				  627.737(1) and
				  (2), F.S., an insurer liable to pay Personal
				  Injury Protection Benefits under two or more policies to any one person shall
				  be subject to a maximum as specified in Section
				  627.736(1),
				  F.S., and tort exemption shall likewise be subject to a maximum as specified in
				  Ssection 627.737, F.S.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.736(2), 627.737(1), 627.737(1), (2)
					 FS.
New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.06,
					 4-27.006, 4-176.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.007 - Reasonable Proof in Conjunction with Driving While under the Influence of Alcohol or Narcotic Drugs

Current through Reg. 50, No. 138; July 16, 2024
The words "reasonable proof" as used in section
				  627.736(4)(b),
				  F.S., are interpreted to mean that where there is a pending charge for driving
				  while under the influence of alcohol or narcotic drugs, companies may withhold
				  Personal Injury Protection payments as to such persons, until final disposition
				  of such charge.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.736(4)(b) FS.
New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.08,
					 4-27.008, 4-176.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.008 - Requirements and Exemptions Relating to Non-Residents

Current through Reg. 50, No. 138; July 16, 2024
With reference to Section
				  627.733(2),
				  F.S., the following regulation relating to non-residents applies:
(1) Non-residents are not required to provide
				PIP coverage except:
(a) When maintaining a
				motor vehicle in the state for more than 90 days during the preceding 365 day
				period.
(b) When required to
				license a motor vehicle in Florida by Section
				320.38, F.S., (employed in the
				State or children enrolled in public school).
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.010 - Gross Income and "Earning Capacity" Defined

Current through Reg. 50, No. 138; July 16, 2024
As used in Section
				  627.736(1)(b),
				  F.S.
(1) Determination of "gross
				income," as to employed persons, shall be established in the same manner as
				"average weekly wage" under Section
				440.14, F.S.
(2) The phrase "loss of earning capacity" is
				interpreted to mean loss of income which the injured person may reasonably show
				would have been earned except for the injury.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.736(1)(b) FS.
New 12-8-71, Repromulgated 12-24-74, Formerly 4-27.15,
					 4-27.015, 4-176.010.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.011 - Adherence to Mandated "No-Fault" Coverage

Current through Reg. 50, No. 138; July 16, 2024
All motor vehicle insurance policies in effect on or after
				  January 1, 1979, which provide liability insurance on a vehicle which becomes
				  subject to the Florida Automobile Reparations Reform Act on or after such date,
				  shall be endorsed by the insurer to provide the insurance required by Section
				  627.733, F.S. All such policies
				  in effect on or after January 1, 1979 shall, in any event, be deemed to include
				  such amendment and the vehicle owner shall be considered in compliance with the
				  requirements of Section
				  627.733, F.S.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 627.732(1), 627.733, 627.736
					 FS.
New 1-7-79, Formerly 4-27.21, 4-27.021,
					 4-176.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.013 - Notification of Insured's Rights and Standard Disclosure Form; Personal Injury Protection Benefits

Current through Reg. 50, No. 138; July 16, 2024
(1) Each insurer
				issuing a policy in this state providing personal injury protection benefits
				shall mail or deliver Form OIR-B1-1149
http://www.flrules.org/Gateway/reference.asp?No=Ref-02232
(Revised 01/2013) "Notification of Personal Injury Protection Benefits" to an
				insured within 21 days after receiving from the insured notice of an automobile
				accident or claim involving personal injury to an insured who is covered under
				the policy.
(2) Form OIR-B1-1571
				(1/04) "Standard Disclosure and Acknowledgement Form - Personal Injury
				Protection - Initial Treatment or Service Provided" shall be utilized by
				providers as described in Section
				627.736(5)(e),
				F.S.
(3) The forms in subsections
				(1) and (2) are incorporated herein by reference, and are available from
				Property and Casualty Product Review, 200 East Gaines St., Tallahassee, FL
				32399-0330, or from the Office of Insurance Regulation website at
				http://www.floir.com/iportal.
Rulemaking Authority 624.308(1), 627.7401(1) FS. Law
					 Implemented 624.307(1), 627.736, 627.7401, 627.745
					 FS.
New 10-1-94, Amended 12-6-00, 1-20-02, Formerly 4-176.013,
					 Amended 3-8-04, 8-23-07, 3-25-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-176 - MOTOR VEHICLE INSURANCE REQUIREMENTS › Section 69O-176.022 - Mediation of Bodily Injury and Property Damage Claims (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1), 627.745(4) FS. Law
					 Implemented 624.307(1), 626.171, 627.745
					 FS.
New 3-14-93, Amended 8-6-98, 9-17-01, Formerly 4-176.022,
					 Repealed 7-30-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.001 - Scope

Current through Reg. 50, No. 138; July 16, 2024
Whereas, the Office has issued rules and regulations covering
				  insurance in connection with real estate mortgages and personal property taken
				  in connection therewith, the rules and regulations herein promulgated shall be
				  applicable to insurance in connection with installment sales of, and loans
				  secured by, personal property, except they shall not apply to credit life and
				  disability insurance.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.9551(1) FS.
Repromulgated 12-24-74, Formerly 4-4.01, 4-4.001,
					 4-184.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.002 - Company and Agent to Be Responsible

Current through Reg. 50, No. 138; July 16, 2024
The insurer shall place on file with the Office the name of
				  the officer, or agent of the insurer located in this state who will be fully
				  responsible for the insurer's compliance with these rules.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.428(2) FS.
Repromulgated 12-24-74, Formerly 4-4.02, 4-4.002, Amended
					 1-27-92, Formerly 4-184.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.003 - License Required of All Representatives

Current through Reg. 50, No. 138; July 16, 2024
Representatives of finance factors (finance companies, banks
				  and other lending institutions), automobile dealers, trailer dealers, motors,
				  boats and marine equipment dealers, or others who, in connection with
				  installment sales or loans, negotiate or effect contracts of insurance covering
				  property in which they have no interest, must hold an agent's license in
				  accordance with the requirements of chapter 626, part II, F.S.; and no
				  insurance company shall enter into any contractual arrangement with such
				  representative where insurance is required as a part of the loan transaction
				  unless such representative is licensed as above set forth.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.112(1) FS.
Repromulgated 12-24-74, Formerly 4-4.03, 4-4.003,
					 4-184.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.004 - Complete Records Must Be Maintained

Current through Reg. 50, No. 138; July 16, 2024
The company must at all times maintain complete records of
				  all policies issued, including name and address of all insureds, who are
				  beneficiaries, and the coverage provided; and no plan should be used that fails
				  to require the soliciting agent to report and send to the insurance company and
				  issuing or countersigning agent promptly all applications for insurance, or
				  copy dailies of policies issued. If the policies are written in the home or
				  regional office of the company, then a copy of said policy or daily report must
				  be sent to the countersigning agent for his file.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.748 FS.
Repromulgated 12-24-74, Formerly 4-4.04, 4-4.004, Amended
					 10-18-01, Formerly 4-184.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.005 - Issuance; Contents of Policies

Current through Reg. 50, No. 138; July 16, 2024
Except in the case of inland marine installment sales floater
				  policies, (see 2nd paragraph of rule
				  69O-184.011, F.A.C.) the insurer
				  or agent shall within thirty (30) days after execution of a retail installment
				  contract or the consummation of a loan, send or cause to be sent to the retail
				  buyer, a policy or policies or certificate of insurance issued under a master
				  policy, which insurance policy or certificate shall be written clearly setting
				  forth the name of the insurer, the amount of the premium, the kind or kinds of
				  insurance and the scope of the coverage, the term and effective dates of the
				  policy, the policy number, and shall contain all of the terms, exceptions,
				  restrictions and conditions of the contract or contracts of
				  insurance.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.9551, 627.413 FS.
Repromulgated 12-24-74, Formerly 4-4.05, 4-4.005, Amended
					 1-27-92, Formerly 4-184.005.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.006 - Credit Property Insurance

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				purpose of this rule is to establish procedures to be used by insurers in the
				calculation of credit property insurance premiums.
(2) Scope. This rule applies to section
				624.605(1)(j),
				F.S., and to all credit property contracts which provide coverage for property
				purchased under an installment sales agreement.
(3) Insurers and other persons authorized to
				engage in the sale of credit property insurance under an installment sales
				agreement shall charge the credit property insurance premium only on the actual
				cost of the property and any sales tax thereon. The credit insurance premium
				shall not be charged on items including, but not limited to, finance or service
				fees, loan interest, delivery charges and other insurance premiums such as
				credit life, unemployment, credit disability.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 624.307(1), 624.605(1)(j) FS.
New 1-27-92, Formerly
					 4-184.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.007 - Claims; Method of Handling

Current through Reg. 50, No. 138; July 16, 2024
Adjustment of claims shall be made in accordance with policy
				  terms by qualified representatives of the insurance company. No plan or
				  arrangement should be entered into whereby any person, firm or corporation,
				  other than the company, pays or repays, either directly or indirectly, any
				  losses or claims on policy issued by the company. All claim payments shall be
				  made either by draft drawn upon the insurance company or by check of the
				  insurance company to the order of the claimant to whom payment of claim is due,
				  pursuant to the policy conditions, or upon direction of such claimant to whom
				  payment of claim is due, pursuant to the policy conditions, or upon direction
				  of such claimant to one specified as payee.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.877 FS.
Repromulgated 12-24-74, Formerly 4-4.06, 4-4.006,
					 4-184.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.008 - Retention of Premium by Agent to Pay Losses Prohibited

Current through Reg. 50, No. 138; July 16, 2024
No company shall enter into or renew any contract or
				  agreement with any agent or other representative which permits the
				  representative or agent to retain any portion of premiums received for the
				  payment of losses incurred, or to be incurred, under policies of insurance
				  issued for said company.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.581 FS.
Repromulgated 12-24-74, Formerly 4-4.07, 4-4.007,
					 4-184.008.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.009 - Hold Harmless Agreement in Contract Prohibited

Current through Reg. 50, No. 138; July 16, 2024
No insurance company shall provide insurance in respect to
				  transactions covered by these rules and regulations under any agreement whereby
				  the insurer shall be held harmless against losses on any part or parts thereof
				  on such insurance except by another insurance company.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.411, 627.031, 627.410
					 FS.
Repromulgated 12-24-74, Formerly 4-4.08, 4-4.008,
					 4-184.009.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.010 - Licenses of Finance Factors

Current through Reg. 50, No. 138; July 16, 2024
Representatives of finance factors (finance companies, banks
				  and other lending institutions) or dealers or others, shall be licensed as
				  agents.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.748 FS.
Repromulgated 12-24-74, Formerly 4-4.09, 4-4.009,
					 4-184.010.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.011 - Binder or Receipt Must Set Forth Coverage and Cost

Current through Reg. 50, No. 138; July 16, 2024
(1) Any insurance agent, dealer, or finance
				factor (finance company, bank, and other lending institution) who undertake to
				arrange for insurance covering a motor vehicle or other personal property
				shall, at the time of assuming the responsibility of arranging insurance
				coverage, deliver to the retail buyer (applicant for insurance) a receipt or
				binder and a clear and concise description of such insurance including the
				total cost thereof which may be included in the time sales contract, mortgage,
				or lease or similar instrument.
(2)
				Appliance and equipment dealers who are insured by an inland marine installment
				sales floater type of policy, may comply with the above requirements by showing
				the kind of coverage and amount of premium, on the invoice, time sales
				contract, lease, mortgage or similar instrument.
(3) When bodily injury and property damage
				insurance coverage is not provided in the insurance contract, there should be
				stamped on the receipt or binder, or time sales contract, mortgage or lease, or
				similar instrument, the following: "BODILY INJURY OR PROPERTY DAMAGE LIABILITY
				NOT INCLUDED."
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.413, 627.420, 627.730 through 627.7405
					 FS.
Amended 2-19-72, Repromulgated 12-24-74, Formerly 4-4.10,
					 4-4.010, Amended 1-27-92, 10-18-01, Formerly
					 4-184.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.012 - Physical Damage Policies Must Be Stamped

Current through Reg. 50, No. 138; July 16, 2024
Automobile policies not containing bodily injury and property
				  damage coverage shall be clearly stamped or printed to the effect that such
				  coverage is not included in the policy in the following manner: "THIS POLICY
				  DOES NOT PROVIDE BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE OR ANY
				  OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM CHARGE IS NOT MADE, AND DOES NOT
				  COMPLY WITH ANY FINANCIAL RESPONSIBILITY LAW." This legend shall appear on the
				  policy declaration page and on the filing back of the policy and shall be
				  printed in a contrasting color from that used on the policy and in type larger
				  than the largest type used in the text thereof, either as an over-print or by a
				  rubber stamp impression.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.413 FS.
Repromulgated 12-24-74, Formerly 4-4.11, 4-4.011,
					 4-184.012.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.013 - Contracts Must Comply with Statutes

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				contracts of insurance shall be written in accordance with the forms, rates and
				rules, filed with this Office by the insurer writing said contracts.
(2) No contractual agreement or plan shall be
				used which permits the collection of any application or policy writing fee, in
				addition to the premium, unless legally approved.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.410, 627.411, 627.412, 627.413, 627.414
					 FS.
Repromulgated 12-24-74, Formerly 4-4.12, 4-4.012, Amended
					 1-27-92, Formerly 4-184.013.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.014 - Effective Date and Terms of Policy

Current through Reg. 50, No. 138; July 16, 2024
All policies of insurance shall be effective the moment a
				  purchaser takes delivery of the property insured, or loan transaction is
				  consummated. Policies or certificates of insurance must be written for the full
				  term for which a premium is charged the purchaser or borrower, in connection
				  with the financing of a purchase, or effecting of a loan.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.413 FS.
Repromulgated 12-24-74, Formerly 4-4.13, 4-4.013,
					 4-184.014.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.017 - Cancellation and Repossession of Policy

Current through Reg. 50, No. 138; July 16, 2024
In the event of repossession and cancellation of the policy,
				  the insurance company or agent should protect itself by securing a certificate
				  of repossession on a basis which justifies cancellation, and retention by the
				  finance company, bank and other lending institutions of the return premium as a
				  credit against the unpaid balance of the purchaser or borrower. If crediting
				  the return premium to the account of the purchaser or borrower creates an
				  overage balance, the difference shall be returned to the purchaser or borrower.
				  Where an insured unit has been repossessed, the finance factor (finance
				  company, bank, and other lending institutions) must certify to the insurer, or
				  agent, the facts of such repossession in form satisfactory to the insurer and
				  cancel the policy upon evidence to that effect.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.9551, 627.413 FS.
Repromulgated 12-24-74, Formerly 4-4.16, 4-4.016.
					 4-184.017.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.018 - Return Premium

Current through Reg. 50, No. 138; July 16, 2024
In case of prepayment of a loan and cancellation of the
				  policy, the insurance company or agent shall have unmistakable evidence in its
				  file that the insured has received the return premium due
				  him.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.561 FS.
Repromulgated 12-24-74, Formerly 4-4.17, 4-4.017,
					 4-184.018.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.020 - Anti-coercion

Current through Reg. 50, No. 138; July 16, 2024
Every purchaser or borrower desiring insurance, to cover
				  either the purchaser's or borrower's interest, or that of the finance factor
				  (finance company, bank, and other lending institutions) or lender, financing a
				  motor vehicle or other personal property, shall be given the option of
				  furnishing to the finance factor (finance company, bank and other lending
				  institutions), or lender, a required policy of insurance, in a company duly
				  licensed in the State, acceptable to the finance factor or lender, which
				  acceptance shall not be arbitrarily withheld providing such a policy contains
				  the coverage that may be required by the finance factor (finance company, bank
				  and other lending institutions) or lender. No coercion in any form or manner
				  shall take place in connection with any insurance
				  transaction.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.9551 FS.
Repromulgated 12-24-74, Formerly 4-4.19, 4-4.019,
					 4-184.020.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-184 - INSURANCE IN CONNECTION WITH INSTALLMENT SALES › Section 69O-184.021 - Notice of Cancellation or Change in Policy or Certificate

Current through Reg. 50, No. 138; July 16, 2024
The insured purchaser or borrower must be promptly notified
				  of any cancellation or change in a policy or certificate, except where
				  cancellation is affected by surrender of the purchaser's copy of the policy
				  contract by the purchaser or borrower, or through a lost policy receipt which
				  shall be accompanied by, or have incorporated therein, a signed request from
				  the named insured for cancellation. All notices of cancellation or change shall
				  be effected as provided for in the policy or contract, with full responsibility
				  on the company or agent to have at all times evidence that notification of a
				  cancellation or change in a policy or certificate has been properly sent to the
				  insured purchaser or borrower. The amount of the return premium due should be
				  shown on all cancellations.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.413 FS.
Repromulgated 12-24-74, Formerly 4-4.20, 4-4.020,
					 4-184.021.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-185 - MORTGAGE GUARANTY INSURANCE › Section 69O-185.001 - Subject of Insurance Defined

Current through Reg. 50, No. 138; July 16, 2024
The term "subject of insurance" as used in chapter 635, F.S.,
				  is hereby interpreted to mean a borrower's promise to pay the debt secured by a
				  mortgage or the aggregate of such borrower's promises to pay a series of debts
				  secured by one or more mortgages on one or more parcels of real
				  property.
Rulemaking Authority 635.081 FS. Law Implemented 635.011,
					 635.031 FS.
New 12-24-74, Formerly 4-2.01, 4-2.001,
					 4-185.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-185 - MORTGAGE GUARANTY INSURANCE › Section 69O-185.002 - Subject of Insurance Includes

Current through Reg. 50, No. 138; July 16, 2024
The "subject of insurance" shall include, but not be limited
				  to, an individual, corporation, partnership, association, or other firm,
				  including developers, contractors or any individual, partnership, corporation
				  or firm engaged in the construction of homes, financing the purchase of real
				  property or lending money upon the security of a mortgage thereon, or engaged
				  in the purchasing or selling of real property for speculation. The 10%
				  limitation in section
				  635.031(1),
				  F.S., shall apply as to the "subject of insurance" and not to a specific parcel
				  of real property.
Rulemaking Authority 635.081 FS. Law Implemented 635.031(1)
					 FS.
New 12-24-74, Formerly 4-2.02, 4-2.002,
					 4-185.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-185 - MORTGAGE GUARANTY INSURANCE › Section 69O-185.004 - Reinsurance

Current through Reg. 50, No. 138; July 16, 2024
The provisions of section
				  635.041, F.S., shall not be
				  deemed to prevent a company from reinsuring any of its mortgage underwritings,
				  but rather is intended to relate only to retained risks.
Rulemaking Authority 635.081 FS. Law Implemented 635.041
					 FS.
New 12-24-74, Amended 4-17-84, Formerly 4-2.08, 4-2.008,
					 4-185.004.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-185 - MORTGAGE GUARANTY INSURANCE › Section 69O-185.005 - Advertisement of Mortgage Insurance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 635.081 FS. Law Implemented 635.071
					 FS.
New 12-24-74, Formerly 4-2.09, 4-2.009, 4-185.005, Repealed
					 1-28-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-185 - MORTGAGE GUARANTY INSURANCE › Section 69O-185.007 - Insurer to Maintain and File Records (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 635.081 FS. Law Implemented 635.071(2)
					 FS.
New 12-24-74, Amended 4-17-84, 4-30-86, Formerly 4-2.11,
					 4-2.011, 4-185.007, Repealed 7-30-17.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.002 - Approved Form

Current through Reg. 50, No. 138; July 16, 2024
Any form of written notice given by the title insurers,
				  agents, members, employees thereof, or by agents, employees, officials of
				  lending or other institutions to the purchaser-mortgagor in substantially the
				  following language shall be deemed in compliance with Section
				  627.798, F.S.:
NOTICE TO PURCHASER-MORTGAGOR
Pursuant to Section
				  627.798, F.S., notice is hereby
				  given by ______ (Name of Title Insurer) to the undersigned purchaser-mortgagor
				  that a mortgagee title insurance policy is to be issued to your mortgagee
				  lender, and that such policy does not provide title insurance protection to you
				  as the owner of the real estate you are purchasing.
The undersigned has read the above notice and understands
				  that such mortgage title insurance policy to be issued to the mortgagee lender
				  does not provide title insurance protection to the undersigned as owner.
Dated this ____ day of ____, 20___.
___________________
(Signature of Purchaser)
Rulemaking Authority 624.308, 627.798 FS. Law Implemented
					 624.307(1), 627.778(1)(a), 627.7825
					 FS.
New 9-23-69, Repromulgated 12-24-74, Formerly 4-21.02,
					 Amended 6-25-86, Formerly 4-21.002, Amended 1-27-02, Formerly
					 4-186.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.003 - Title Insurance Rates

Current through Reg. 50, No. 138; July 16, 2024
The following are risk rate premiums to be charged by title
				  insurers in this state for the respective types of title insurance contracts.
				  To compute any insurance premium on a fractional thousand of insurance (except
				  as to minimum premiums), multiply such fractional thousand by the rate per
				  thousand applicable, considering any fraction of $100.00 as a full
				  $100.00.
(1) Original Title Insurance
				Rates.
(a) For owner and leasehold title
				insurance:
1.
a. The Premium for the original owner's or
				for leasehold insurance shall be:
Per Thousand
Minimum Insurer Retention
From $0 to $100,000 of liability written
$5.75
30%
From $100,000 to $1 million, add
$5.00
30%
Over $1 million to and up to $5 million, add
$2.50
35%
Over $5 million and up to $10 million, add
$2.25
40%
Over $10 million, add
$2.00
40%
b.
				The minimum premium for all conveyances except multiple conveyances shall be
				$100.
c. The minimum premium for
				multiple conveyances on the same property shall be $60.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.005 - Premium Schedule Applicable to "Truth in Lending" and Other Endorsements

Current through Reg. 50, No. 138; July 16, 2024
(1) An additional
				risk exposure for title insurers has been created by the enactment into law of
				the Federal "Truth in Lending Act," incorporated in Title 15, United States
				Code Annotated, Section 1601 et seq., effective May 29, 1968.
(2) Such additional risk exposure is
				specifically though not exhaustively manifest in the additional risks and
				expenses incident to the issuance of the "Truth in Lending Endorsement" as
				reflected in and confined to "Endorsement Number Two of the American Land Title
				Association" because of the following factors:
(a) The title insurer must determine that a
				lien is being made for commercial purposes, other than agricultural
				purposes.
(b) The title insurer
				must determine that the borrower falls within the category of entities as set
				forth in Regulation "Z" promulgated by the Federal Reserve.
(c) The title insurer must determine that the
				home being purchased is or will be the residence of the borrower.
(d) The title insurer must determine that the
				mortgage being insured by the policy to which the endorsement is being attached
				is a first lien on the land.
(e)
				The title insurer must determine that proceeds of the mortgage are disbursed to
				the seller.
(f) The title insurer
				may be legally obligated to legally refute the allegations in a foreclosure
				action against the mortgagor that the matters shown above were not accurately
				determined.
(g) The penalty for
				failure to make such correct determination of the above factors may make the
				title insurer incur liability for the payment or settlement of claims thereon
				which would not otherwise be incurred in the absence of such
				Endorsement.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.007 - Title Insurance Limited to Coverage of Real Property

Current through Reg. 50, No. 138; July 16, 2024
Section
				  624.608, F.S., which declares
				  that "Title insurance is insurance of owners of real property or others having
				  an interest in real property or contractual interest derived therefrom, or
				  liens or encumbrances on real property, against loss by encumbrance, or
				  defective titles, or invalidity, or adverse claim to title" shall be construed
				  to confine the scope of coverage of title insurance to real property and
				  contractual interests derived therefrom.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 624.608 FS.
New 4-18-73, Formerly 4-21.09, Amended 6-25-86, Formerly
					 4-21.009, 4-186.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.009 - Reconciliation of Escrow Accounts

Current through Reg. 50, No. 138; July 16, 2024
(1) Every
				licensed title insurance agent shall maintain a monthly reconciliation of every
				escrow account required to be maintained pursuant to Section
				626.8473, F.S., and shall, on a
				monthly basis, report such reconciliation together with appropriate supporting
				documentation to each title insurer which licensed the agent during the
				reconciliation period. The reconciliation shall be supported by appropriate
				documentation, including a monthly bank statement, a list of all outstanding
				checks as of the date of the reconciliation which are not shown on the monthly
				bank statement, and a trial balance of the escrow ledger records required to be
				maintained by subsection (2). Licensed title insurance agents and title
				insurers shall provide a copy of the monthly escrow account reconciliation to
				the Office upon its request. Such records shall be maintained by the title
				insurer for a period of five years.
(2) Every licensed title insurance agent
				shall maintain a separate ledger card for each real estate closing transaction
				for which funds are received in escrow. The ledger card shall contain
				chronological entries of dates and amounts of moneys received and disbursed
				including the name of the remitter and payee and each check number issued on
				such escrow account. Such records shall be maintained by the title insurance
				agent for a period of three years. The ledger card required by this rule may be
				maintained in computer storage with a print-out available upon request of a
				title insurer or the Office.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.8473, 627.776(1)(m), 628.151
					 FS.
New 2-26-90, Formerly 4-21.0105,
					 4-186.009.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.010 - Insurer's Assumption of Certain Liabilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 627.786 FS.
New 6-25-86, Amended 2-27-91, Formerly 4-21.011, 4-186.010,
					 Repealed 10-25-16.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.013 - Title Insurance Statistical Gathering: Licensed Agencies and Florida Retail Officers of Direct-Writing Title Insurance Underwriters

Current through Reg. 50, No. 138; July 16, 2024
On or before May 31 of each year, each licensed title
				  insurance agency and Florida retail offices of direct-writing title insurance
				  underwriters shall submit Form OIR-E0-2087, "Title Insurance Experience
				  Reporting - Agents and Retail Offices of Direct-Writing Title Insurance
				  Underwriters," effective 10/19, hereby incorporated by reference and available
				  at
http://www.flrules.org/Gateway/reference.asp?No=Ref-11518
.
				  The filing shall be submitted electronically at
https://irfs.fldfs.com/
.
Rulemaking Authority 624.308(1), 627.782(8) FS. Law
					 Implemented 624.307(1), 627.782 FS.
New 2-13-95, Formerly 4-186.013, Amended 6-13-14,
					 2-19-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.014 - Title Insurance Statistical Gathering-Title Insurance Underwriters

Current through Reg. 50, No. 138; July 16, 2024
(1) The following forms are hereby
				incorporated by reference and may be obtained from the Office's web site
				located at http://www.floir.com/iportal:
(a)
				Form OIR-D0-2115 "Title Insurance Underwriter's Data Call - Part I," effective
				7/23, which is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16049
;
(b) Form OIR-D0-0050 "Title Insurance
				Underwriter's Data Call - Part II," effective 7/23, which is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16050
;
				and
(c) Form OIR-D0-0051 "Title
				Insurance Underwriter's Data Call - Part III Schedule P - Part 1 Summary,"
				effective 7/23, which is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16051
.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.015 - Title Insurance Agency Collateral Substitution

Current through Reg. 50, No. 138; July 16, 2024
When a title insurance agency substitutes a surety bond in
				  place of its deposit of securities pursuant to Section
				  626.8418(2),
				  F.S., the bond must secure performance by the agency of its responsibilities
				  relating to the title policies issued through the agency, including performance
				  during the time period in which the deposit was in place, prior to the issuance
				  of the bond. All claims made after issuance of the bond based on liability
				  incurred prior to the issuance of the bond, must be covered by the
				  bond.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.8418 FS.
New 4-29-96, Formerly
					 4-186.015.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-186 - TITLE INSURANCE RATES › Section 69O-186.017 - Certificate of Mortgage Release (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 701.041(9) FS. Law Implemented
					 701.041(9) FS.
New 3-22-07, Repealed
					 3-16-08.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-187 - PROFESSIONAL LIABILITY SELF-INSURANCE TRUST FUNDS › Section 69O-187.002 - Responsibilities of the Service Agent

Current through Reg. 50, No. 138; July 16, 2024
The responsibilities of the Service Agent shall include but
				  not be limited to the following:
(1)
				The Service Agent shall determine all sums due the Fund from the members, pay
				all approved items of expense as directed by the Trustees, and give a periodic
				account of all monies so handled as directed by the Trustees but in no event
				less frequently than quarterly.
(2)
				For handling the administrative and servicing functions of the Fund, the
				Service Agent shall receive a service fee which shall be negotiated from time
				to time by the Trustees. This service fee shall be in consideration of all
				services and expenses contracted for with the Fund. The Service Agent's
				contract shall clearly show all fees to be paid to the Service Agent, and all
				fees shall be reasonable in consideration of the duties performed.
(3) The Service Agent shall maintain accurate
				books and records of all transactions concerning the collection and
				disbursement of funds, purchases of equipment, and all other business-related
				expenses incurred by the Fund or the Service Agent, and these books and records
				are to be open to inspection by the Office and by the Trustees or their agents
				at all reasonable times.
(4) The
				Service Agent shall deposit at any bank or banks designated by the Trustees,
				all charges, premiums and assessments as and when collected, and said monies
				shall be disbursed only as provided by:
(a)
				The rules and regulations, mutual covenants, and bylaws of the Fund;
(b) The Service Agent's contract;
				and,
(c) The Rules of the
				Commission pertaining to medical malpractice self-insurance trust
				funds.