UNIDAD 4.- Implementación de una oficina de Asesoría “Asesor Express”
4.7 Establecer el punto de equilibrio
Risks submitted to the FAJUA that do not meet eligibility requirements will be cancelled in accordance with Florida Statute 627.420.
A. Premiums and Audits
An applicant so certifying shall be considered in good faith if he reports all information of a material nature and does not willfully make incorrect or misleading state- ments in any documents submitted to the FAJUA or does not come within any prohibition or exclusion listed below:
1. The named insured, applicant, operator, residents of the named insured’s household, or anyone who usually drives the auto has failed to meet at any time previously all obligations to pay any automo- bile insurance premiums or other valid charges to the FAJUA, or
2. The named insured, applicant, operator, residents of the named insured’s household, or anyone who usually drives the auto has failed at any time pre- viously to cooperate in any premium au- dits/inspections or failed to provide documents re-
quested by the servicing carrier necessary to verify or determine premium charges.
B. Valid Driver’s License
1. The FAJUA is not available to owners of autos not registered in Florida.
Any individual with a defined private passenger auto registered in Florida whose Florida driver’s license has been suspended may apply for bodily injury liability, personal injury protection and prop- erty damage liability on a Personal Auto Policy pro- vided
a. a copy of the Florida Motor Vehicle Report for the applicant/owner and current vehicle regis- tration are provided with the application, and; b. copies of the current Florida Motor Vehicle
Reports for all full time operators who are members of the named insured’s household are provided with the application. The opera- tors cannot hold learner’s permits or temporary instruction permits. The Florida Motor Vehicle Report shall be used to determine the applica- ble points for the registered owner and all op- erators.
2. All individuals and members of the applicant’s household who are not registered owners of a de- fined private passenger auto, and do not have a valid driver’s license except where the license has been suspended or revoked and can be restored upon showing proof of insurance to a governmental regulatory agency, or upon the filing of proof of fi- nancial responsibility with a governmental regulato- ry agency shall be named on the application. Cop- ies of Florida motor vehicle records dated within 15 days prior to the binding date must be submitted with the application. Rule 24 shall be used to de- termine the applicable points.
3. Named insureds between the ages of 15 and 18 with a Florida learner’s driver’s license must pro- vide a copy of a Florida Motor Vehicle Driving Re- port dated within 15 days of the date of binding for an operator who resides in the same household and is 21 years of age or older. The operator shall not have a learner’s permit, a temporary instruction permit, or a driver’s license that is suspended or revoked.
4. Named insureds with Florida temporary instruction permits must provide a copy of a Florida Motor Ve- hicle Driving Report dated within 15 days of the date of binding for an operator who resides in the same household and is 21 years of age or older. The operator shall not have a learner’s permit, a temporary instruction permit, or a driver’s license that is suspended or revoked.
5. Named insureds with Florida temporary instruction permits must provide a valid Florida driver’s license for a class of vehicle at least equivalent to the in- sured vehicle within 90 days of the date of issue of the Florida temporary instruction permit. Failure to provide a valid Florida driver’s license will result in cancellation of the policy and the named insured will not be eligible to reapply for insurance until proof of a valid driver’s license is provided.
6. The named insured, any members of the named insured’s household and/or any other drivers of the insured vehicle who are from outside of the United States must provide the following with the applica- tion:
A copy of their driver’s license from the country of origin and their international driver’s license issued in the country of origin, as well as, one of the fol- lowing:
a. Passport from country of origin;
b. An alien registration receipt card (green card); c. An employment authorization card issued by
the United States Department of Homeland Security; or
d. Proof of nonimmigrant classification provided by the United States Department of Homeland Security.
7. Applicants with permanent disabilities prohibiting the operation of an auto shall be afforded coverage if they are the registered owner of a private pas- senger auto registered in Florida when a copy of a current Florida Motor Vehicle Driving Record for all operators of the auto are provided with the applica- tion. (Proof of disability is required.) The operator shall not have a learner’s permit, temporary instruc- tion permit, a driver’s license that is suspended or revoked, or a driver’s license from a foreign coun- try.
8. All operators of autos registered in Florida and insured in the FAJUA must maintain valid driver’s licenses as described in Florida Statute 322. NOTE 1: For the purpose of this Rule, a Florida
learner’s permit is a valid license. NOTE 2: Applicants and operators with tempo-
rary six month Florida driving permits must also submit all documents listed in Note B.6 above. Failure to submit the documents constitutes an invalid application which will be cancelled. C. Auto Registration
Current auto registrations provided with all applications and change requests must be in the name of the applicant/named insured as shown on the application or documentation linking the named insured to the auto registration and must be received with the applications and change requests to be eligible.
The FAJUA is not available for commercial autos not registered in Florida.
1. Residents
a. Private Passenger Autos Registered in Florida The FAJUA shall be available to provide cov- erage to residents of the state of Florida for private passenger autos registered in Florida. b. Private Passenger Autos Not Registered in
Florida
The FAJUA shall not be available to provide coverage to residents of the state of Florida
with respect to autos garaged but not regis- tered in Florida in violation of Florida statutes. c. Farm and Specialty Autos
Farm tractors, trailers, and traction engines principally operated on a farm, grove, or orc- hard, used for agricultural or horticultural pur- suits and only incidentally operated on roads, may be exempt from vehicle registration re- quirements.
2. Nonresidents
a. Private Passenger Autos Registered in Florida The FAJUA shall be available to provide per- sonal injury protection and property damage liability coverage to nonresidents of the state of Florida for autos registered in Florida.
Exception: Other available coverage may be provided if the applicant represents in writing that the auto is principally operated and ga- raged in Florida.
b. Private Passenger Autos Not Registered in Florida
The FAJUA shall not be available to provide coverage to nonresidents of the state of Flori- da with respect to autos not registered in Flori- da.
The FAJUA may provide coverage to nonresi- dents who are members of the United States military forces with respect to autos registered in other states of the United States of America, its territories, or possessions provided such military nonresidents are stationed in Florida at the time application is made and are otherwise eligible for insurance under the provisions of the FAJUA.
Nonresident full time college or university stu- dents attending school in Florida, or others ex- empt from auto registration in Florida, with owned autos registered in another jurisdiction, may be provided coverage.
Foreign mission members and their depen- dents who have driver’s licenses and registra- tions provided by the Office of Foreign Mis- sions, U.S. Department of State, shall be eligi- ble for limits of $100,000 per person, $300,000 per accident bodily injury liability, $100,000 property damage liability and personal injury protection pursuant to federal and state law. Copies of all auto registrations and motor ve- hicle driving records must accompany the ap- plication.
D. Out-of-State Garaging—Autos Registered in Florida
An auto registered in Florida to a named insured holding a valid Florida driver’s license and principally garaged in another state shall be subject to the rates, additional charges, and rating rules applicable under the Plan of the state of principal garaging. Out-of-state garaging is only available to private passenger type autos and will be rated in accordance with the insur- ance requirements of the state of garaging.
Note: If the state of principal garaging does not have a no-fault law or similar law, Florida personal injury protection coverage shall be added to the policy. Charge the Florida personal injury protection rate applicable to the territory where the vehicle is registered.
E. Relocate Out-of-State
Where a permanent change of residence to out-of-state has taken place during the policy term, the policy shall be endorsed in accordance with the insurance require- ments and rates of the state of garaging. Notice of nonrenewal shall be sent prior to expiration.
Note: FAJUA policies with property damage liability and personal injury protection do not comply with insurance requirements in states other than Florida.