Florida Office of Insurance Regulation Receives Over 100 Auto Insurer Rate Filings Reflecting Personal Injury Protection Reform Savings

 

The Florida Office of Insurance Regulation (“OIR”) reported today, October 1, 2012, that it has received over 100 filings by auto insurers operating in Florida pursuant to HB 119.  Enacted in 2012, the bill effected comprehensive Personal Injury Protection Insurance reform.

According to the new law, insurers’ filings must reflect at least a 10 percent reduction in rates, utilize reductions calculated by an actuarial report commissioned by the OIR as required by the Florida Legislature, or provide actuarial justification as to why their savings should vary from these measures.  The vast majority of insurers waited until the October 1 deadline to file.

An OIR news release on today’s filing deadline is reprinted below.

 

Should you have any questions or comments, please contact Colodny Fass& Webb.

 

Office Receives Numerous Insurer PIP Filings to Comply with HB 119

TALLAHASSEE, Fla. – The Office today announced that it has received over 100 filings by auto insurers operating in Florida as required by HB 119, and expect more to be received by the end of today. During the 2012 Legislative Session, the Florida Legislature passed HB 119, Motor Vehicle Personal Injury Protection (PIP) Insurance, aimed at reducing fraud and litigation costs for PIP coverage by revising the medical fee schedule, and limiting the healthcare professionals that may treat injured motorists and passengers eligible to make PIP claims. The bill also limits the amount of PIP benefits that can be paid for non-emergency treatment. The filings required today are intended to reflect that savings.

“Today marks the culmination of a long chain of events aimed at fighting PIP fraud,” stated Florida Insurance Commissioner Kevin McCarty. “It began when the Office conducted a PIP data call that identified a dramatic increase in PIP claims and PIP related lawsuits from 2006 to 2010.  With the support of the Governor and Florida Legislature, together we crafted language to address these cost drivers, which resulted in the passage of HB 119 to fight PIP fraud.  Although it initially appears the savings will result in a mitigation of rate increases rather than actual rate reductions for most companies – it does represent a major shift in the trajectory of PIP insurance rates in Florida.” 

The filing must reflect at least a 10 percent reduction in rates, utilize reductions calculated by the actuarial report commissioned by the Office as required by the Florida Legislature, or provide actuarial justification as to why their savings should vary from these measures. The vast majority of insurers have waited until the October 1 deadline to file; eight filings have already been approved reflecting savings from the bill:

 

Filing Number	Company/Group	Company Indicated PIP Change Without HB 119	Selected/Approved PIP Change
12-05811	Florida Farm Bureau	At least +45.0%	+8.0%
12-08145	MGA Ins. Co. (Renewal Only Program)	+15.4%	+3.9%
12-09360	MGA Ins. Co.  (Personal Auto Program)	+16.1%	+3.9%
12-10630	Agency Ins. Co.	+60.9%	+26.3%
12-10722	United Fire and Cas. Co.	+7.2%	-15.2%
12-11578	Hartford Ins. Co. of the Midwest (Renewal Only – AARP)	-4.7%	-15.4%
12-12303	Philadelphia Ind. Ins. Co. (Collector Vehicle Program)	N/A	-10.0%
12-07818	United States Liability Ins. Co. (Antique Auto)	N/A	New Program

These eight filings may not be indicative of the numerous filings received nearer to October 1. Due to the complexity of the filings, and the fact that a majority of insurers have made complete auto insurance filings and combined their PIP coverage with other areas of auto insurance (e.g., Uninsured Motorist, Bodily Injury, etc.), the Office is unable to produce a complete list of all insurers and all rate requests that have been filed at this time. The Office intends to create a list, similar to the one above, of all PIP filings as these rate filings are approved or disapproved.

The public is welcome to review all PIP filings, which are found on the Office’s I-File Workflow System: http://www.floir.com/edms/.  To more easily find rate filings associated with HB 119, select the keyword “HB 119 – PIP Reform – 10-1-12 Rate Filing.”  It is important to note that these rate filings are only requests by the insurance company, and they may change as the Office reviews and either approves or disapproves the filings. The majority of rate filings are made on a “file and use” basis; the rating statutes give the Office 60 days to review these filings for motor vehicles, and 90 days to review for recreational vehicles.  Filings made on a “use and file” basis can go into effect immediately, although if the Office later determines these rates are unjustified, a denial could result in a return of premium. The majority of the provisions of HB 119 take effect January 1, 2013.

 

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