Florida Statutes 1983, Volume 3 - Florida State University College of ...

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Ch.642 LEGAL EXPENSE INSURANCE F.S.1983 ited to providing legal services or indemnity for legal expenses and business reasonably related thereto. History.- s. 1, ch. 79-103; s. 2, ch. 81-318; 88. 3, 20, 21, ch. 83-278. 'Note.-Expires October 1, 1993, pursuant to s. 21, ch. 83-278, and is scheduled for review pursuant to •. 11.61 in advance of that date. '642.021 Certificate of authority.- (1) It is unlawful for any person to engage in a legal expense insurance business in this state without a valid certificate of authority issued by the department, pursuant to ss. 642.011-642.049, except that a domestic, foreign, or alien insurer authorized to transact life or casualty insurance in this state may transact legal expense insurance provided it complies with the applicable provisions of ss. 642.011-642.049. A certificate of authority under ss. 642.011-642.049 may be issued only to a legal expense insurance corporation. (2) The corporation shall file with the department an application for a certificate of authority upon a form to be furnished by the department, which shall include or have attached the following: (a) The names, addresses, and occupations of all incorporators and proposed directors and officers. (b) A certified copy of the corporate articles and bylaws and, for the 3 most recent years, the annual statements and reports of the corporation. (c) Each agreement relating to the corporation to which any incorporator or proposed director or officer is a party. (d) A statement of the amount and sources of the funds available for organization expenses and the proposed arrangements for reimbursement and compensation of incorporators or other persons. (e) A statement of compensation to be provided directors and officers. (f) The forms to be used for any proposed contracts between the corporation and participating attorneys or between the corporation and corporations which perform administration, marketing, or management services and the forms relating to the provision of services to insureds. (g) The plan for conducting the insurance business, which plan shall include all of the following: 1. The geographical area in which business is intended to be conducted in the first 5 years. 2. The types of insurance intended to be written in the first 5 years, including specification whether and to what extent indemnity rather than service benefits are to be provided. 3. The proposed marketing methods. (h) A current statement of the assets and liabilities of the corporate applicant. (i) Forms of all legal service contracts the applicant proposes to offer showing the rates to be charged for each form of contract. (j) Such other documents and information as the department may reasonably require. (3) Copies of the documents filed pursuant to paragraphs (f) and (i) of subsection (2) shall be filed with The Florida Bar within 5 days after filing with the department. (4) The department shall issue a certificate of authority only to a legal expense insurance corporation, provided it is satisfied that: 774 (a) All requirements of law have been met; (b) All natural persons who are incorporators, the directors and principal officers of corporate incorporators, and the proposed directors and officers of the corporation being formed are trustworthy and collectively have the competence and experience to engage in the particular insurance business proposed; and (c) The business plan is consistent with the interests of potential insureds and of the public. History.-s. 1, ch. 79-103; s. 2, ch. 81-318; 88. 4, 20, 21, ch. 83-278. 'Note.-Expires October 1, 1993, pursuant to s. 21, ch. 83-278, and is scheduled for review pursuant to s. 11.61 in advance of that date. '642.023 Required deposit or bond.- (1) To assure the faithful performance of its obligations in the event of insolvency, each legal expense insurance corporation, prior to the issuance of its certificate of authority, shall deposit and maintain with the department securities of the type eligible for deposit by insurers under s. 625.52, which securities shall be held in trust and shall have at all times a market value in the amount specified. Whenever the market value of the securities deposited with the department is less than 95 percent of the amount of the deposit required, the insurer shall deposit additional securities or otherwise increase the deposit to the amount required. The initial deposit for a corporation shall be in the amount of $50,000 for at least the first full year of operation. The amount of the initial deposit shall be adjusted annually thereafter on October 1 as follows: (a) Each corporation having in force $300,000 or less of gross written premiums shall deposit with the department an amount equal to $30,000. (b) Each corporation having in force more than $300,000 of gross written premiums, but less than $750,000, shall deposit with the department an amount equal to $75,000. (c) Each corporation having in force more than $750,000 of gross written premiums shall deposit with the department an amount equal to $100,000. (2) In lieu of any deposit of securities required under subsection (1) and subject to the approval of the department, a legal service insurance corporation may file with the department a surety bond issued by an authorized surety insurer. The bond shall be for the same purpose as the deposit in lieu of which it is filed. The department may not approve any bond under the terms of which the protection afforded against insolvency is not equivalent to the protection afforded by those securities provided for in subsection (1). (3) Securities or bonds deposited pursuant to this section shall be for the benefit of, and subject to, action thereon by any person sustaining an actionable injury due to the failure of the corporation to faithfully perform its obligations to its insureds in the event of insolvency or impairment of any legal expense insurance corporation. (4) The state shall be responsible for the safekeeping of all securities deposited with the department under ss. 642.011-642.049. Such securities are not, on account of being in this state, subject to taxation, but shall be held exclusively and solely to guarantee the performance by the legal expense insurance corporation of its obligations to its insureds.
F.S.1983 LEGAL EXPENSE INSURANCE Ch.642 (5) Such deposit or bond shall be maintained unimpaired as long as the legal expense insurance corporation continues to do business in this state. Whenever the corporation ceases to do business in this state and furnishes proof satisfactory to the department that it has discharged or otherwise adequately provided for all its obligations to its insureds in this state, the department shall release the deposited securities to the parties entitled thereto, on presentation of the receipts of the department for such securities, or shall release the bond filed with it in lieu of such deposit. (6) The department, upon written request of the legal expense insurance corporation, may reduce the amount of deposit or bond required under subsection (1) if it finds that the policyholders and certificateholders of the corporation are adequately protected by: (a) The terms and number of existing contracts with subscribers; (b) Financial guarantees of financially sound public or private organizations or agencies; (c) Other reliable financial guarantees; or (d) Plan attorney agreements that provide for full plan benefits to subscribers without additional payments by the subscribers if the plan terminates. (7) The department may at any time enter an order modifying the amount of the deposit or bond specified under subsection (1) or subsection (2) if it finds that there has been a substantial change in the facts on which the determination was based. History.-s. 1, ch. 79-103; s. 2, ch_ 81-318; 88. 5, 20, 21, ch_ 83-278_ 'Note.-Expires October 1, 1993, pursuant to s. 21, ch. 83-278, and is scheduled for review pursuant to s. 11.61 in advance of that date. 1642.025 Policy and certificate forms.- (1) Legal expense insurance may be written as individual, group, blanket, or franchise insurance. Each contractual obligation for legal expense insurance shall be evidenced by a policy. Each person insured under a group policy shall be issued a certificate of coverage. (2) No policy or certificate of legal expense insurance may be issued in this state unless a copy of the form has been filed with and approved by the department pursuant to s. 627.410. (3) The department shall not approve any policy or certificate form which does not meet the following requirements: (a) Policies shall contain a list and description of the legal services to be supplied or the legal matters for which expenses are to be reimbursed and any limits on the amounts to be reimbursed. (b) Policies and certificates shall indicate the name of the insurer and the full address of its principal place of business. (c) Certificates issued under group policies shall contain a full statement of the benefits provided and exceptions thereto but may summarize the other terms of the master policy. (d) Policies providing for legal services to be supplied by a limited number of attorneys who have executed provider contracts with the insurer, whether the attorney in an individual case is to be selected by the insured or by the insurer, shall provide for alternative benefits if the insured is unable to find a par- 775 ticipating attorney willing to perform the services or the attorney selected by the insurer is disqualified or otherwise unable to perform the services. The alternative benefit may consist of furnishing the services of an attorney selected and paid by the insurer or paying the fee of an attorney selected by the insured. The policy shall also provide a procedure that includes impartial review for settling disagreements concerning the grounds for demanding an alternative benefit. (e) No policy, except one issued by a mutual or reciprocal insurance company, may provide for assessments on policyholders or for reduction of benefits for the purpose of maintaining the insurer's solvency. (f) Policies shall contain a statement that the subscriber has a right to file a complaint with The Florida Bar concerning attorney conduct pursuant to the plan. (g) Policies shall contain a statement that the individual beneficiary has the right to retain, at his own expense, except when the policy provides otherwise, any attorney authorized to practice law in this state. (4) The department may disapprove a policy or certificate form if it finds that the form: (a) Is unfair, unfairly discriminatory, misleading, or ambiguous or encourages misrepresentation or misunderstanding of the contract; (b) Provides coverage or benefits or contains other provisions that would endanger the solvency of the insurer; or (c) Is contrary to law. History.-s. 1, ch. 79-103; s. 2, ch. 81-318; 88. 6, 20, 21, ch. 83-278. 'N ote.-Expires October 1, 1993, pursuant to s. 21, ch. 83-278, and is scheduled for review pursuant to s. 11.61 in advance of that date. 1642.027 Premium rates.-No policy of legal expense insurance may be issued in this state unless the premium rates for the insurance have been filed with and approved by the department. Premium rates shall be established and justified in accordance with generally accepted insurance principles, including, but not limited to, the experience or judgment of the insurer making the rate filing or actuarial computations. The department may disapprove rates that are excessive, inadequate, or unfairly discriminatory. Rates are not unfairly discriminatory because they are averaged broadly among persons insured under group, blanket, or franchise policies. The department may require the submission of any other information reasonably necessary in determining whether to approve or disapprove a filing made under this section or s. 642.025. History.-s. 1, ch. 79-103; s. 2, ch. 81-318; 88. 20, 21, ch. 83-278. 'Note.-Repealed effective October 1, 1993, by s. 21, ch. 83-278, and scheduled for review pursuant to s. 11.61 in advance of that date. 1642.029 Contracts by insurers.- (1) Contracts made between the insurer and participating attorneys, management contracts, or contracts with providers of other services covered by the legal expense insurance policy shall be filed with and approved by the department. (2) An insurer shall annually report to the department the number and geographical distribution of attorneys and providers of other services covered by the legal expense insurance policy with whom it maintains contractual relations and the nature of the
Page 1 and 2: F.S.1983 AMBULANCE SERVICE CONTRACT
Page 3 and 4: F.S.1983 AMBULANCE SERVICE CONTRACT
Page 6 and 7: Ch.638 AMBULANCE SERVICE CONTRACTS
Page 8: Ch.639 PRENEED FUNERAL MERCHANDISE
Page 11 and 12: F.S.1983 PRENEED FUNERAL MERCHANDIS
Page 14 and 15: Ch.641 HEALTH CARE SERVICE PROGRAMS
Page 26: Ch.642 LEGAL EXPENSE INSURANCE F.S.
Page 29 and 30: F.S.1983 LEGAL EXPENSE INSURANCE Ch
Page 32 and 33: Ch.648 BAIL BONDSMEN AND RUNNERS F.
Page 39 and 40: F.S.1983 BAIL BONDSMEN AND RUNNERS
Page 42 and 43: Ch.650 SOCIAL SECURITY FOR PUBLIC E
Page 45 and 46: F.S.1983 SOCIAL SECURITY FOR PUBLIC
Page 47 and 48: F.S.1983 CONTINUING CARE CONTRACTS
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