This is the Final Public Hearing on the adoption of proposed amendments to Rule 69O-175.008, Florida Administrative Code, published on January 30, 2009, Vol. 35, No. 4, of the Florida Administrative Weekly. Pursuant to the provisions of the ...

 

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation

RULE NO: RULE TITLE
69O-175.008: Unfair Discrimination in Private Passenger Motor Vehicle Insurance Rates - Based on History of Accidents

The Financial Services Commission, Office of Insurance Regulation announces a hearing to which all persons are invited.

DATE AND TIME: May 13, 2009, 9:00 a.m., during a regular meeting of the Financial Services Commission

PLACE: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida

GENERAL SUBJECT MATTER TO BE CONSIDERED: This is the Final Public Hearing on the adoption of proposed amendments to Rule 69O-175.008, Florida Administrative Code, published on January 30, 2009, Vol. 35, No. 4, of the Florida Administrative Weekly.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Michael Milnes, P&C Product Review, Office of Insurance Regulation, e-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

For more information, you may contact: Michael Milnes, P&C Product Review, Office of Insurance Regulation, e-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69O-175.008 Unfair Discrimination in Private Passenger Motor Vehicle Insurance Rates – Based on History of Accidents.

(1) No insurer or person authorized to engage in the business of insurance in the State of Florida shall use any motor vehicle accidents which may have occurred at any time in the past except for the 36 months immediately preceding the effective date of the new or renewal policy as a basis for imposing or requesting an additional premium for or for refusing to renew any policy, contract, or certificate of motor vehicle liability, personal injury protection, medical payment, or collision insurance, or any combination thereof. Notwithstanding the above, the imposition of or the request for an additional premium due to at fault motor vehicle accidents referred to in this rule may be imposed on a policy, contract, or certificate of motor vehicle liability, personal injury protection, medical payment, or collision insurance, or any combination thereof in a manner consistent with the processing procedures of an insurer and may not remain in effect in excess of 36 months.

(2)(a) No insurer or person authorized to engage in the business of insurance in the State of Florida shall use any motor vehicle accident which may have occurred at any time in the past as the sole basis for imposing or requesting an additional premium for or for refusing to renew any policy, contract, or certificate of motor vehicle liability, personal injury protection, medical payment, or collision insurance, or any combination thereof unless that insurer’s file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.

(b) The term “imposing or requesting additional premium” means that the premium charged by the insurer as consideration in exchange for indemnifying the insured is greater than such premium would have been if that motor vehicle accident had not taken place or the insured had not been substantially at fault in that accident. The term “accident” means any unexpected and unforseen event that is definite in time and place.

Rulemaking Specific Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 626.9541(1)(o)3.a. FS. History–New 8-1-90, Formerly 4-43.007, 4-175.008, Amended ________.

 

A copy of the agenda may be obtained by contacting: Governor and Cabinet Website at http://www.myflorida.com/myflorida/cabinet/mart.html.