S0190B0179A07484 DMS:NLG 06/11/18 #90 A07484
AMENDMENTS TO SENATE BILL NO. 190
Sponsor: SENATOR McGARRIGLE
Printer's No. 179
Amend Bill, page 1, line 12, by inserting after "laws,""
in insurance producers, further providing for definitions; and
Amend Bill, page 1, line 13, by striking out "facility"
Amend Bill, page 1, lines 16 through 19, by striking out all
of said lines and inserting
Section 1. The definition of "line of authority" in section
601-A of the act of May 17, 1921 (P.L.789, No.285), known as The
Insurance Department Act of 1921, is amended and the section is
amended by adding a definition to read:
Section 601-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Limited line self-service storage insurance." Insurance
offered in connection with and incidental to the rental of space
at a self-service storage facility.
"Line of authority." The licensed ability to sell, solicit
or negotiate particular classes or types of insurance, including
the following:
(1) Life. Insurance coverage on human lives, including
benefits of endowment and annuities, and may include benefits
in the event of death or dismemberment by accident and
benefits for disability income.
(2) Accident and health or sickness. Insurance coverage
for sickness, bodily injury or accidental death and may
include benefits for disability income.
(3) Property. Insurance coverage for the direct or
consequential loss or damage to property of every kind.
(4) Casualty. Insurance coverage against legal
liability, including that for death, injury or disability or
damage to real or personal property.
(5) Variable life and variable annuity products.
Insurance coverage provided under variable life insurance
contracts and variable annuities.
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(6) Personal lines. Property and casualty insurance
coverage sold to individuals and families primarily for
noncommercial purposes.
(7) Credit. Limited line credit insurance.
(8) Motor vehicle rental. Limited line motor vehicle
rental insurance.
(8.1) Self-service storage. Limited line self-service
storage insurance.
(9) Limited line. Any other line of insurance as
determined by the Insurance Commissioner.
* * *
Section 2. Subarticle B of Article VI-A of the act is
amended by adding a division to read:
DIVISION 2.1
Amend Bill, page 1, line 20, by striking out "FACILITY"
Amend Bill, page 1, line 21, by striking out "601-B" and
inserting
681-A
Amend Bill, page 1, line 22, by striking out "Insurance
Department" and inserting
department
Amend Bill, page 1, line 23, by striking out "agent"
Amend Bill, page 2, line 4, by inserting after "facility."
The self-service storage provider shall also be subject to
the requirements of this article, Article XI and the act of July
22, 1974 (P.L.589, No.205), known as the Unfair Insurance
Practices Act.
Amend Bill, page 2, line 6, by striking out "agent" and
inserting
producer
Amend Bill, page 2, line 10, by striking out "agent" and
inserting
producer
Amend Bill, page 2, line 11, by striking out "agent" and
inserting
producer
Amend Bill, page 2, line 14, by striking out "agent" and
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inserting
producer
Amend Bill, page 2, line 16, by striking out "agent's" and
inserting
producer's
Amend Bill, page 2, line 19, by striking out "agent" and
inserting
producer
Amend Bill, page 2, line 24, by inserting after "provides"
primary
Amend Bill, page 2, line 26, by striking out "stored"
Amend Bill, page 2, line 26, by inserting after "facility"
or while the personal property is in transit during the
rental agreement
Amend Bill, page 2, line 27, by striking out "agent" and
inserting
producer
Amend Bill, page 2, line 29, by striking out "agent" and
inserting
producer
Amend Bill, page 3, line 4, by inserting after "benefits,"
deductibles,
Amend Bill, page 3, line 6, by striking out "agent" and
inserting
producer
Amend Bill, page 3, line 10, by inserting after "coverage."
The disclosure shall be prominently displayed in the
brochure or other written materials with at least 12-
point bold type.
(iii) State that the insurance prescribed in this
section is primary coverage over any other coverage
covering the same loss.
Amend Bill, page 3, line 11, by striking out "(iii)" and
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inserting
(iv)
Amend Bill, page 3, by inserting between lines 15 and 16
(v) State that the purchase of the insurance
prescribed in this section is not required in order to
rent storage space. The statement shall be prominently
displayed in the brochure or other written materials with
at least 12-point bold type.
Amend Bill, page 3, line 16, by striking out "(iv)" and
inserting
(vi)
Amend Bill, page 3, by inserting between lines 16 and 17
(vii) Include contact information for filing a
complaint with the commissioner.
Amend Bill, page 3, line 26, by striking out "agent" where it
occurs the first time and inserting
authorized representative
Amend Bill, page 3, line 26, by striking out "agent" where it
occurs the second time and inserting
producer
Amend Bill, page 3, line 28, by striking out "agent" and
inserting
producer
Amend Bill, page 3, line 30, by striking out "agent" and
inserting
authorized representative
Amend Bill, page 4, line 1, by striking out "agent" and
inserting
producer
Amend Bill, page 4, line 3, by striking out "agent" and
inserting
producer
Amend Bill, page 4, by inserting between lines 3 and 4
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(3) The self-service storage producer shall maintain a
register, on a form which the commissioner requires, of each
employee or authorized representative of the self-service
storage producer who offers the insurance prescribed in this
section on behalf of the self-service storage producer and
shall, upon request of the commissioner, submit the register
for inspection by the commissioner.
Amend Bill, page 4, line 4, by striking out "agent" and
inserting
producer
Amend Bill, page 4, line 4, by inserting after "provide"
, or cause a licensed producer to provide,
Amend Bill, page 4, line 5, by striking out "agents" and
inserting
authorized representatives
Amend Bill, page 4, line 6, by striking out "agent" and
inserting
producer
Amend Bill, page 4, lines 7 and 8, by striking out ",
including the kinds of insurance coverage" in line 7 and all of
line 8 and inserting
, including the following:
(1) General information about homeowners, renters,
business and similar insurance that an occupant may have that
may provide coverage for property stored at a self-service
storage facility.
(2) Information about the material terms of insurance
coverage offered to occupants, including the price, benefits,
deductibles, exclusions and conditions of the insurance.
(3) The disclosures required under subsection (d).
Amend Bill, page 4, line 9, by striking out "agent" and
inserting
producer
Amend Bill, page 4, line 14, by striking out "agents" and
inserting
authorized representatives
Amend Bill, page 4, by inserting between lines 15 and 16
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(h) Enforcement.--A violation of this section shall
constitute a violation of this act and shall be subject to the
provisions of sections 691-A and 692-A.
Amend Bill, page 4, line 16, by striking out "(h)" and
inserting
(i)
Amend Bill, page 4, line 19, by striking out "agent" and
inserting
producer
Amend Bill, page 4, line 21, by striking out "agent" and
inserting
producer
Amend Bill, page 4, line 22, by striking out "agent" and
inserting
authorized representative
Amend Bill, page 4, line 25, by striking out "(i)" and
inserting
(j)
Amend Bill, page 4, line 29, by striking out the period after
"article" and inserting
, if the owner and its unlicensed employees and authorized
representatives do not solicit prospective occupants to purchase
the insurance.
Amend Bill, page 4, line 30, by striking out "(j)" and
inserting
(k)
Amend Bill, page 4, line 30, by striking out "agent" and
inserting
producer
Amend Bill, page 5, line 2, by striking out "(k)" and
inserting
(l)
Amend Bill, page 5, lines 5 through 15, by striking out all
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of said lines and inserting
"Occupant." As defined in section 2 of the act of December
20, 1982 (P.L.1404, No.325), known as the Self-Service Storage
Facility Act.
"Owner." As defined in section 2 of the Self-Service Storage
Facility Act.
"Personal property." As defined in section 2 of the Self-
Service Storage Facility Act.
Amend Bill, page 5, line 16, by striking out "agent" and
inserting
producer
Amend Bill, page 5, line 17, by striking out "who is"
Amend Bill, page 5, lines 18 through 20, by striking out all
of said lines
Amend Bill, page 5, line 21, by striking out "2" and
inserting
3
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See A07484 in
the context
of SB0190