Alabama House Bill HB58

Alabama 2023 Regular Session

• Introduced: 3/6/23
• Refer: 3/6/23

Caption

Relating to insurance; to define lender-placed insurance on real property and provide a framework for regulating lender-placed insurance; to require separation between lenders and insurers and define unfair competitive practices in the sale, placement, solicitation, and negotiation of lender-placed insurance; to further provide for the term of the lender-placed insurance on real property and for the calculation of coverage and payment of premium; to provide for prohibited practices in the issuance of lender-placed insurance on real property; to require certain details of the insurance to be set forth in the policy or certificate of insurance; to require for the filing and approval by the Department of Insurance of the forms and rates to be charged for the insurance; to provide for the enforcement of the act and penalties for violations of the act; and to provide for judicial review of orders of the Commissioner of Insurance.

Impact

The bill asserts that all lender-placed insurance connected with mortgaged properties, including mobile homes, must adhere to the standards and rules outlined in the act. It introduces mechanisms for rate filings and approvals by the state’s Department of Insurance, thus holding insurers accountable for rate-setting practices. Moreover, consumer protections are bolstered by delineating specific information required in insurance policies, such as coverage details and premium amounts, to ensure that mortgagors are well informed of their insurance obligations.

Summary

House Bill 58 aims to create a regulatory framework for lender-placed insurance on real property in Alabama. Under this bill, lender-placed insurance would be defined and subjected to specific guidelines to help separate the roles of lenders and insurers. The intent is to limit unfair competitive practices associated with the sale and negotiation of such insurance, enhancing transparency for consumers. This legislation is based on a model act from the National Association of Insurance Commissioners (NAIC).

Contention

As HB58 unfolds, some points of contention may arise, particularly concerning its enforceability and the delineation of lender/servicer responsibilities. Discussions might focus on how the bill will impact lenders' operational practices, especially regarding their interactions with insurance entities. Critics could argue that the regulatory framework may impose burdensome compliance requirements on smaller lenders, while supporters may contend that the regulations are crucial for protecting consumers from potential exploitation through unfair lending practices.