[Liability Insurance] Florida Bar Insurance & Surety Committee -- Proposed Changes to Section 627.4137

[Wright, Wm. Cary]

Everyone:

At the recent Florida Bar Executive Committee meeting in May, we raised the issue of the Committee's proposed changes to section 627.4137.  The Executive Committee and its lobbyist, Pete Dunbar, agreed with Fred's suggestion to reach out to the Office of Insurance Regulation (OIR) and obtain its support for the proposed legislation.  It was noted that any insurance-related legislation would have to have OIR support to have any chance of passing.

Accordingly, Fred met with the Belinda Miller, General Counsel of OIR.  Fred reports that his meeting with Ms. Miller was very cordial; fortunately he has been personal friends with her for the past 8-10 years.  Her main concern was that OIR has NO record of complaints regarding insurers who have failed to produce policy information in a timely manner.  This makes it difficult for her to make any presentation to a legislative committee without such history of complaints.

Instead, she has offered to take any and all factual complaints we can gather, so that she can contact the delinquent companies and institute an administrative complaint against each of them under the office's general powers to prosecute for "failing to follow statutory requirements."

Accordingly, it is Fred's recommendation (with which I agree) that we first encourage our Committee members (and any others with similar experiences) to send us a written explanation of the details for each incident (name of insurer, policy type if known, copy of dated statutory demand and statement of non-compliance) so that we can "bundle" these for investigation and action by OIR.  Belinda believes that it will only take one or two such prosecutions, and publication of same in their industry newsletter, to stop this non-compliance.

We should heed Fred's recommendation and guidance.   As many of you know, Fred was once in the Legislature and has an extremely good understanding of the process.  If we are able to provide OIR with sufficient examples and prosecutions result, the problem of non-compliance with the statute will hopefully be corrected.  If not, then we should be able to obtain the support of OIR for the proposed legislation.

I appreciate everyone's participation in the Committee and in drafting the proposed legislation.   Based on Fred's meeting, we will not be requesting the Executive Council to support the proposed legislation.  We may revisit the proposed legislation depending on the results of OIR action in this area.  In order to have that occur, please send me and Fred an email explaining the problems you have encountered along with the information noted above.  We will bundle these complaints and Fred can deliver them to OIR for prosecution.

Thanks,

Cary


[Carlton Fields]
Wm. Cary Wright
Attorney at Law

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780
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