627.091
Rate filings; workers’ compensation and employer’s liability insurances.
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627.091 Rate filings; workers’ compensation and employer’s liability insurances.—
(1) As to workers’ compensation and employer’s liability insurances, every insurer shall file with the office every manual of classifications, rules, and rates, every rating plan, and every modification of any of the foregoing which it proposes to use. Every insurer is authorized to include deductible provisions in its manual of classifications, rules, and rates. Such deductibles shall in all cases be in a form and manner which is consistent with the underlying purpose of chapter 440.
(2) Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated. When a filing is not accompanied by the information upon which the insurer supports the filing and the office does not have sufficient information to determine whether the filing meets the applicable requirements of this part, it shall within 15 days after the date of filing require the insurer to furnish the information upon which it supports the filing. The information furnished in support of a filing may include:
(a) The experience or judgment of the insurer or rating organization making the filing;
(b) Its interpretation of any statistical data it relies upon;
(c) The experience of other insurers or rating organizations; or
(d) Any other factors which the insurer or rating organization deems relevant.
(3) A filing and any supporting information shall be open to public inspection as provided in s. 119.07(1).
(4) An insurer may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the office to accept such filings in its behalf; but nothing contained in this chapter shall be construed as requiring any insurer to become a member or a subscriber to any rating organization.
(5) Pursuant to the provisions of s. 624.3161, the office may examine the underlying statistical data used in such filings.
(6) Whenever the committee of a recognized rating organization with responsibility for workers’ compensation and employer’s liability insurance rates in this state meets to discuss the necessity for, or a request for, Florida rate increases or decreases, the determination of Florida rates, the rates to be requested, and any other matters pertaining specifically and directly to such Florida rates, such meetings shall be held in this state and shall be subject to s. 286.011. The committee of such a rating organization shall provide at least 3 weeks’ prior notice of such meetings to the office and shall provide at least 14 days’ prior notice of such meetings to the public by publication in the Florida Administrative Register.
History.—s. 419, ch. 59-205; s. 5, ch. 67-9; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 20, ch. 78-300; s. 95, ch. 79-40; ss. 20, 22, ch. 80-236; ss. 2, 3, ch. 81-318; ss. 357, 806, ch. 82-243; s. 49, ch. 82-386; ss. 4, 9, 10, ch. 87-124; s. 63, ch. 91-108; s. 4, ch. 91-429; s. 1, ch. 93-289; s. 1076, ch. 2003-261; s. 53, ch. 2013-14.
Notes of Decisions
Cited in 9
cases, 1966–2017 · leading case: National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official
National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official (2017)
“§§ 627.091(1), (4), Fla. Stat. (2015). OIR did not delegate to NCCI any authority to carry out an agency function required to be performed in the sunshine.”
Florida Weld. & E. Serv., Inc. v. American Mut. Ins. Co. (1973)
“In so doing, the Circuit Court passed upon the constitutionality of Fla. Stat. §§ 627.091 and 627.291(2), F.S.”
Continental Casualty Co. v. First Financial Employee Leasing, Inc. (2010)
“” Fla. Stat. § 627.091 (1). However, an insurer “may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the office to accept such filings in its behalf .”
Wal-Mart Stores, Inc. v. Lewis R. Crist, Wal-Mart Stores, Inc. v. Alexander & Alexander (1988)
“§ 23-67-119(l)(A) (1987); Fla.Stat.Ann. § 627.091(1) (West 1984); Ga.”
Nationwide Mutual Insurance Company v. Williams (1966)
“Section 627.091, Florida Statutes, F.S.A.”
Sandwich Chef of Texas, Inc. v. Reliance National Indemnity Insurance (2001)
“§§ 35-205 & 35-1704 (1997); Fla. StatAnn. §§ 627.091 & 627.062 & 627.”
Wal-Mart Stores, Inc. v. Crist (1987)
“§ 22-1407 (West 1978); Miss. Code Ann. § 83-3-107 (1972); Mo.”
Travelers Indemnity Co. v. Williams (1966)
“” From our review of the record, and after carefully considering the contentions advanced by appellants, we cannot say that the judgment exercised by the Commissioner in this case and the conclusions reached by him on the record are either erroneous as a matter of law, find no…”
Imperial Industries, Inc. v. Florida Compensation Rating Bureau (1980)
“Pursuant to its license from the Department, the Bureau made rate filings for workmen’s compensation pursuant to Section 627.091(4) and adopted rules for the governing of matters pursuant to the filing.”
— 627.091(1) — 2 cases
Wal-Mart Stores, Inc. v. Lewis R. Crist, Wal-Mart Stores, Inc. v. Alexander & Alexander (1988)
“§ 23-67-119(l)(A) (1987); Fla.Stat.Ann. § 627.091(1) (West 1984); Ga.”
National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official (2017)
“§§ 627.091(1), (4), Fla. Stat. (2015). OIR did not delegate to NCCI any authority to carry out an agency function required to be performed in the sunshine.”
— 627.091(2) — 1 case
National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official (2017)
“§§ 627.091(1), (4), Fla. Stat. (2015). OIR did not delegate to NCCI any authority to carry out an agency function required to be performed in the sunshine.”
— 627.091(4) — 3 cases
National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official (2017)
“§§ 627.091(1), (4), Fla. Stat. (2015). OIR did not delegate to NCCI any authority to carry out an agency function required to be performed in the sunshine.”
Continental Casualty Co. v. First Financial Employee Leasing, Inc. (2010)
“” Fla. Stat. § 627.091 (1). However, an insurer “may satisfy its obligation to make such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the office to accept such filings in its behalf .”
Imperial Industries, Inc. v. Florida Compensation Rating Bureau (1980)
“Pursuant to its license from the Department, the Bureau made rate filings for workmen’s compensation pursuant to Section 627.091(4) and adopted rules for the governing of matters pursuant to the filing.”
— 627.091(6) — 1 case
National Council on Compensation Insurance, Florida Office of Insurance Regulation, and David Altmaier, in his official (2017)
“§§ 627.091(1), (4), Fla. Stat. (2015). OIR did not delegate to NCCI any authority to carry out an agency function required to be performed in the sunshine.”
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