FMAP
AGENT POLICY DATA CONFIDENTIALITY AGREEMENT
Read this form in its entirety and email the completed signed Agent Policy Data Confidentiality Agreement to
[email protected]
This Confidentiality Agreement (“Agreement”) is entered into this
day of
_,
by and between the Florida Market Assistance Plan (“FMAP”), located in the City of Tallahassee,
County of Leon, State of Florida and
(agent full name), the requesting
Florida Licensed General Lines Insurance Agent (“Agent”), located in
(city),
(state).
WHEREAS the undersigned Agent desires access to certain information obtained by FMAP from Citizens
Property Insurance Corporation (“Citizens”); and
WHEREAS FMAP is permitted under Section 627.351(6), Florida Statutes to make certain information obtained
from Citizens underwriting and confidential claim files available to Agent.
NOW THEREFORE, in consideration of the receipt of Citizens Policy Data, Agent agrees to the following:
SECTION I – DEFINITIONS
1. “Citizens Policy Data” means the following information obtained from underwriting and confidential
claim files: name, address, and telephone number of the residential property owner or insured;
location of the risk; rating information; loss history; and policy type.
2. “Florida Market Assistance Plan” means the service organization adopted pursuant to Section
627.3515, Florida Statutes to assist consumers in obtaining property and casualty insurance coverage
from authorized insurers in the private market.
3. “Authorized Private Insurer” means an insurance company with a Florida Certificate of Authority,
licensing it to market and service particular lines of insurance within the State.
4. “Licensed General Lines Agent” has the same meaning as defined in Section 626.015, Florida Statutes.
SECTION II - CONFIDENTIALITY, LIMITATIONS ON USE, AND REPORTING REQUIREMENT
Agent hereby agrees to:
1.
2.
3.
4.
Maintain the confidentiality of Citizens Policy Data as required by Section 627.351(6), Florida
Statutes;
Use the Citizens Policy Data solely for the purpose of seeking to place Citizens insureds with an
Authorized Private Insurer;
Refrain from using the Citizens Policy Data to rewrite policies into Citizens;
Refrain from sharing Citizens Policy Data with any other person except as expressly permitted
herein;
FMAP Agent Policy Data Confidentiality Agreement, rev. 10.23.2015
Page 1 of 4
5.
6.
Refrain from using the Citizens Policy Data in any manner to induce current Citizens insureds to
change from one Citizens appointed agent to another Citizens appointed agent; and,
Provide FMAP, at no less than at ninety (90) day intervals (for personal lines) and one hundred
twenty (120) day intervals (for commercial lines), an accurate report of Agent’s marketing
results to place the Citizens insureds with an Authorized Private Insurer.
SECTION III – LIMITATIONS ON DISCLOSURE TO THIRD PARTIES
Agent may disclose Citizens Policy Data to any other licensed general lines insurance agent who is employed
with the same agency (hereinafter such agent is referred to as the “Sharing Agent”), if Agent and the Sharing
Agent enter into a confidentiality agreement which subjects the Sharing Agent to all of the confidentiality
requirements that Agent is subject to as provided in this Agreement. Agent may also disclose Citizens Policy
Data to a Florida Authorized Private Insurer, for the sole purpose of allowing such insurer to consider writing
the risks identified in the Citizens Policy Data. Such disclosure of Citizens Policy Data must be necessary to
effectuate the placement of risks and subject to a written confidentiality agreement between Agent and the
Authorized Private Insurer.
SECTION IV - ADVERTISING PROHIBITION
Other than using the Citizens name to explain that alternative coverage is being offered for a Citizens policy,
the Agent agrees not to use the name or logo of Citizens or FMAP in any documents, including marketing
materials, created pursuant to this Agreement.
SECTION V – BREACH
Agent acknowledges and agrees that failure to comply with Section II Confidentiality, Limitations of Use or
Reporting Requirements constitutes a material breach of this Agreement. Agent understands that the
occurrence of such a breach may result in the termination of Agent’s eligibility to receive future Citizens
Policy Data, and may result in additional disciplinary action for Citizens appointed agents under their Agent
Appointment Agreements.
FMAP Agent Policy Data Confidentiality Agreement, rev. 10.23.2015
Page 2 of 4
Complete the following sections to request policy data.
For each data report requested, provide the name of at least one company with which you are directly
appointed and able to write this type of policy. Agent credentials are verified and confirmed with the
Department of Financial Services prior to providing access to the policy data reports.
Check Policy Data Report Type*
()
Commercial Multiperil (CLA Account)
Company Name
Personal Residential (PLA Account)
Personal Residential (Coastal Account)
Commercial (Coastal Account)
Non-renewals with Coverage A over $800K
*Policy data report descriptions are located on page four (4).
Contact Information for Requesting Agent – All information provided below must be for the General Lines
Agent noted in Paragraph 1, Page 1.
Agent Name
Agency Name
Agent Phone #
Direct Agent Email Address
(public/agency/group email addresses
will not be accepted)
Agent License #
Agent Mailing Address
Agent City, State, Zip
Agent Signature
Signing Agent is responsible for adhering to all guidelines and requirements included in this agreement.
Email the completed signed Policy Data Confidentiality Agreement to [email protected]
FMAP Agent Policy Data Confidentiality Agreement, rev. 10.23.2015
Page 3 of 4
Policy Data Described
The Commercial Multiperil (CLA Account) data set contains the following:
1) Commercial Residential Multiperil policies with wind coverage for risks located outside of the Wind Eligible Area
(CRM CLA);
2) Commercial Residential Multiperil policies without wind inside or outside of the Wind Eligible Area (CRM CLA);
and
3) Commercial Non-Residential Multiperil policies with wind coverage for risks located outside of the Wind Eligible
Area (CRM CLA).
The Personal Residential (PLA Account) data set contains the following:
1) Personal Residential Multiperil policies with wind coverage for risks located outside of the Wind Eligible Area
(PLA PRM); and
2) Personal Residential policies without wind coverage for risks located inside or outside of the Wind Eligible Area
(PLA PRM).
The Personal Residential (Coastal Account) data set contains the following:
1) Personal Residential Multiperil policies with wind coverage for risks located in the Wind Eligible Area (PRM
Coastal) ; and
2) Personal Residential Wind-Only policies for risks located in the Wind Eligible Area (PRW Coastal).
The Commercial (Coastal Account) data set contains the following:
1)
2)
3)
4)
Commercial Residential policies with wind coverage for risks located in the Wind Eligible Area (CRM Coastal);
Commercial Non-Residential Multiperil policies with wind coverage for risks located in the Wind Eligible Area;
Commercial Residential Wind-Only policies for risks located in the Wind Eligible Area (CRW Coastal); and
Commercial Non-Residential Wind-Only policies for risks located in the Wind Eligible Area (CNRW Coastal).
Non-Renewals with Coverage A over $800K
1) This data report includes policies that we expect to non-renew due to the new Coverage A guidelines as
communicated in ATB #007-15.
2) The data report was created at a point in time and is not updated regularly. Therefore, some policies may have
been assumed by Takeout Companies, cancelled, or rewritten.
3) Some policies listed in the data report may be endorsed to lower the Coverage A amount, thereby making them
eligible to receive renewal offers from Citizens. The reduction of the Coverage A value could be due to the
removal of certain types of other structures, such as screened enclosures, which Citizens may not cover.
FMAP Agent Policy Data Confidentiality Agreement, rev. 10.23.2015
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