Florida Emergency Order 400385-24 Amendment

Read updates to this Emergency Order on the Florida Office of Insurance Regulation website.

Section A: Extension of Grace Periods and Temporary Postponement of Cancellations or Nonrenewals of Property and Casualty Contracts.

As a consequence of Hurricane Helene, the OIR applies the provision of Rule 69O142.015(2), to all property and casualty contracts of insurance, including policies issued by surplus lines insurers. Pursuant to the forgoing rule, the OIR extends or modifies time limits as follows:

Rule 69O-142.015(2)(c):

• As to any policy provision, notice, correspondence, or law that imposes a time limit upon an insured to perform any act, including transmitting information or funds with respect to a contract of insurance covering a property or risk in one of the Affected Counties, which act was to have been performed on or after September 26, 2024, the time limit will be extended to December 10, 2024.
  • This extension of time does not apply to new policies effective on or after September 26, 2024.

Rule 69O-142.015(2)(d):

• Between September 26, 2024, and December 10, 2024, no insurer or other entity regulated under the Code can cancel or non-renew or issue a notice of cancellation or nonrenewal of a policy or contract of insurance covering a property or risk in one of the Affected Counties, except at the written request or written concurrence of the policyholder.

Rule 69O-142.015(2)(e):

• All notices of cancellation issued or mailed within 10 calendar days preceding September 26, 2024, and affecting a policyholder in one of the Affected Counties, must be withdrawn and reissued to insureds on or after December 10, 2024.

Rule 69O-142.015(2)(f):

• A cancellation or nonrenewal may occur prior to December 10, 2024, at the written request or written concurrence of the policyholder.

Rule 69O-142.015(2)(g):

• Except as provided in Rule 69O-142.015(2)(d) and (e), above, with respect to a notice of cancellation or nonrenewal that, but for this rule, would have taken effect between September 26, 2024, and December 10, 2024, such notice is not made invalid by this rule; however,
  • The insurer must extend the coverage to and including December 10, 2024, or a later date specified by the insurer; and
  • The premium for the extended term of coverage must be the appropriate pro rata portion of the premium for the entire term of the policy.

Rule 69O-142.015(2)(m):

• This rule will not apply to new policies effective on or after September 26, 2024.

Section B: Application of Section 627.4133(2)(e)1.a - Authorized Insurer

• In addition to the requirements of Rule 69O-142.015, activated by Section A of this EO, an authorized insurer, pursuant to section 627.4133(2)(e)1.a.,may not cancel or non-renew a personal residential or commercial residential property insurance policy covering a dwelling or residential property that is damaged as a result of Hurricane Helene, for a period of 90 days after the dwelling or residential property has been repaired except as provided in section 627.4133(2)(e)2.

Section C: Application of Section 626.9201(2)(c) – Surplus Lines Insurer

• In addition to the requirements of Rule 69O-142.015, F.A.C., activated by Section A of this EO, a surplus lines insurer, pursuant to section 626.9201(2)(c), may not cancel or non-renew a personal residential or commercial residential property insurance policy covering a dwelling or residential property that is damaged as a result of Hurricane Helene, for a period of 90 days after the dwelling or residential property has been repaired, except as provided in section 626.9201(2)(c)2.

Section E: Deemers, Prior Approvals of Rate Changes, Suspension of Use and File Rate Filings

• The time period in which any application, filing, or document, required to be filed with the OIR pursuant to the Code, which by statute would be deemed approved if not approved or denied within a specific time period, must be tolled for a period commencing on September 26, 2024, and ending on December 10, 2024. Further, any time period within the Code in which the OIR is required to take action is also tolled for a period commencing on September 26, 2024, and ending on December 10, 2024.
• The OIR will continue to accept “file and use” filings. Pending rate filings previously submitted under the “use and file” provision with an effective date between September 26, 2024, and December 10, 2024, are now considered “file and use” filings. Such filings are not required to be withdrawn and resubmitted. Pursuant to above, the time to review such filings by the OIR is tolled. But in the interest of the public welfare, “use and file” filings are suspended.
• Notwithstanding the “use and file” provisions contained in sections 627.062 and 627.0651, all rate changes filed with the OIR having an effective date for new business or renewal business on or after September 26, 2024, will be subject to the approval of the OIR prior to implementation until December 10, 2024.
• Any “use and file” rate change implementing new rates without an official filing to the OIR must be withdrawn from use and the previous rate will be reinstated immediately.

Section F: Miscellaneous Provisions

• The OIR expects all authorized insurers, surplus lines insurers, and regulated entities to implement processes and procedures to facilitate the efficient payment of claims. This includes critically analyzing current procedures and streamlining claim payment processes as well as using the latest technological advances to provide prompt and efficient claims service to policyholders.
• Section 627.4035(3)(b), permits insurers to pay claims by debit card or any other form of electronic transfer upon written authorization of the recipient or the recipient’s representative. Due to the severe and catastrophic impacts expected from Hurricane Helene, many insureds will be unable to receive or send mail. For the duration of this State of Emergency the requirement of written authorization is waived provided the insurer verifies the identity of the insured or the insured’s recipient and does not charge a fee for the transaction. If the funds are misdirected, the insurer remains liable for the payment of the claim.
• Informational form or rate filings are not subject to the provisions of the EO. Insurers should continue to file Rate Certifications in accordance with existing statutory provisions. The EO does not affect an insurer’s ability to utilize a Consent to Rate form pursuant to Section 627.171. Filings that introduce new programs in Florida are still permitted as long as there is no rate impact.
• This EO does not preclude necessary coverage increases based on requests from the insured, updated appraisals required by law, inflation guard endorsements, or other policy provisions applied to an insurance policy upon renewal as such premium changes are not the result of a rate increase.
• This EO is effective immediately upon issuance and continues for 120 days unless terminated sooner by the Commissioner.