October 1999 - The
Department's Fraud Division will be introducing a new bill for the
2000 legislative session targeting "sliding."
Dan Sumner, deputy of legal affairs
and general counsel for the DOI, announced the plan Oct. 19 at the
Florida Insurance Council's lobbyists retreat at Amelia Island.
Sumner told the group that the bill's
language has not been decided and that no preliminary draft is yet
available.
However, Sumner assured those in
attendance that the progress made in last year's workshops would not
be in vain.
The persistence of the regulators on
the sliding issue emphasizes the work that still faces Specialty
Agents on this issue.
Two issues that remained unresolved
last year were definitions of ancillary products and efforts of the
DOI to make violation of proposed sliding regulations a third degree
felony.
Our position during the negotiations
was that the regulation should apply to all non-auto products -- not
just motor clubs and hospitalization policies -- and that making
sliding a felony was unacceptable unless there were clear guidelines
on compliance with the informed consent language in the law.
Class action suits
On other auto issues, the Department suggested that our
domestic companies pursue a rework of the policy cancellation issues
and the three-option letter. These issues have been the grist for
the class action mill that has decimated our domestic carriers.
The auto committee also targeted
class action issues and discussed the attorney fees
"multipliers" that class action lawyers use to fleece
class action targets.
After-market crash parts
Another issue sure to be addressed in the 2000 session is
the use of after-market parts in the repair of damaged vehicles. An
Illinois court decision against State Farm granted damages to a
class that alleged the insurer failed to live up to policy benefits
by using after-market parts, which failed to equal the quality of
OEM parts.
An after-market parts bill failed to
clear last year's session.
One of the revelations in the class
action was State Farm's estimation that using OEM parts would raise
the cost of insurance by just $29.
Counter-signature law
Florida's
counter-signature law is expected to come under attack on two
fronts. State Farm will reintroduce a bill that would exempt State
Farm from the counter-signature provisions because they have company
agents doing business in the state.
Another bill is expected that would
strike down the entire counter-signature statute.
The genesis of Florida's
counter-signature bill was the desire to keep out-of-state agents
who vacation in Florida from writing business to finance their
vacation. (Some have described it as an anti-Yankee statute.)
It is admittedly a protectionist
statute for Florida agents, but the real benefactors are Florida
consumers who would not have to chase an agent across the country
for service on their policy. It further guarantees that the selling
agent is conversant with Florida law, another protection for Florida
consumers.
Florida is one of the few remaining
states with a counter-signature law. Supporters of the law point out
that Florida has a higher incidence of "carpetbagging
Yankees" than most of the other 50 states.
The agent associations are fighting
the repeal of counter-signature. Most companies, national agencies
and banks are supporting its repeal. It may be an uphill fight.
Other issues
Legislators who attended
FIC's retreat -- House Speaker John Thrasher, House Insurance
Committee Chairman Stan Bainter, and Betty Holzendorf, a member of
the Senate Banking and Finance Committee, talked about a quiet Year
2000 session for insurance issues.
However, DOI representatives and
members of the various committees presented a different picture.
The DOI will seek repeal of the
mandatory arbitration system, support for strengthened uniform
building codes for Florida, and insurance credits for windstorm and
hurricane mitigation.
You can expect legislation on the tax
status of take-out bonuses for the JUA and for the take-out
companies. Both feel they should be tax free.
A number of other issues may grace
the halls of Tallahassee. Look for a Holocaust bill, uniform
receivership laws, new rate and form filing regulations for life and
health, commercial lines deregulation, workers comp fraud, small
group health issues, including mandated benefits and a
self-evaluation privilege for insurers who uncover problems within
their own companies and report their corrective action to the
department.
Also, viaticals will again be a
front-burner item for the DOI. Efforts will be made to further
regulate the industry to prevent the clean sheeting practices that
have come under fire in recent months in Florida and the rest of the
nation.
With Cabinet reorganization also on
the 2000 legislative plate, it looks like a very busy year for
insurance.
With your help, SA will be there to
fight for the interest of agents on all these issues.