The FL emergency order was issued on September 28, 2022 and applies to the entire state of Florida as per the Governor's Executive Order 22-218 and 22-219.
EXTENSION OF GRACE PERIODS AND TEMPORARY POSTPONEMENT OF CANCELLATIONS OR NON-RENEWALS FOR PROPERTY AND CASUALTY CONTRACTS
(A) The provisions of Rule 69O-142.015(2), F.A.C. are hereby activated and apply to all property and casualty contracts of insurance subject to regulation under the Code. Specific dates called for in the rule are 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, which act was to have been performed on or after September 28, 2022, the time limit shall be extended to November 28, 2022.
- 1. This extension of time shall not relieve a policyholder who has a claim resulting from Hurricane Ian from compliance with their obligations to provide information and cooperate in the claim adjustment process relative to their property damage claim.
- 2. This extension of time shall also not apply to new policies effective on or after September 28, 2022.
- No interest, penalties, or other charges, shall accrue or be assessed as the result of the extensions required herein. Interest that is owed pursuant to premium financing plans with premium finance companies or insurers or their affiliates may be assessed.
- Rule 69O-142.015(2)(d) Between September 28, 2022, and November 28, 2022, no insurer or other entity regulated under the Florida Insurance Code shall cancel or non-renew or issue a notice of cancellation or on renewal of a policy or contract of insurance covering a property or risk in Florida, 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issued or mailed within ten (10) calendar days preceding September 28, 2022, affecting a Floridian, shall be withdrawn, and reissued to insureds on or after November 28, 2022.
- Rule 69O-142.015(2)(f) A cancellation or nonrenewal may occur prior to November 28, 2022, at the written request or written concurrence of the policyholder.
- Rule 69O-142.015(2)(g) Except as provided in paragraphs (2)(d) and (e) with respect to a notice of cancellation or nonrenewal that, but for this rule, would have taken effect between September 28, 2022, and November 28, 2022, such notice is not made invalid by this rule; however,
- 1. The insurer shall extend the coverage to and including November 28, 2022, or a later date specified by the insurer; and
- 2. The premium for the extended term of coverage shall be the appropriate pro rata portion of the premium for the entire term of the policy.
- Rule 69O-142.015(2)(m) This rule shall not apply to new policies effective on or after September 28, 2022.
APPLICATION OF SECTION 627.4133(2)(d), FLORIDA STATUTES
(B) In addition to the provisions of paragraph (A) of this Emergency Order, pursuant to Section 627.4133(2)(d)1., Florida Statutes, an insurer may not cancel or nonrenew a personal residential or commercial residential property insurance policy covering property damaged as a result of Hurricane Ian located in any Florida county, for a period of 90 days after the dwelling has been repaired, except as provided in Section 627.4133(2)(d)2., Florida Statutes.
MISCELLANEOUS PROVISIONS
(H) Given the strength and size of Hurricane Ian, its expected catastrophic effect on Florida, and its potential impact on hundreds of thousands of policyholders, the Office expects all 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.
(I) Section 627.4035(3)(b), Florida Statutes, 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 Ian, 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.
(J) The Commissioner of the Office of Insurance Regulation may, by written Order, amend the scope of this order based upon a determination that it is necessary.
(K) The provisions of this Emergency Order shall be liberally construed to effectuate the intent and purposes expressed therein and to afford maximum consumer protection.
The entire Florida Moratorium - Regulatory Activity Order No. 300997-22-EO -Extension of Grace Periods may be found here.