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Florida OIR Hurricane Idalia Emergency Order No. 315284-23

The Florida Office of Insurance Regulation (OIR) issued an emergency order to all insurers including surplus lines, regarding Hurricane Idalia regarding the extension of grace periods, limitations on cancellations and nonrenewal, claims payments, and other miscellaneous provisions. The DOI suspends certain rules and statutes, extends grace periods, limits cancellations and nonrenewals, and brings miscellaneous provisions in response to the state of emergency caused by Hurricane Idalia.

The emergency order applies to the following counties: Alachua, Baker, Bradford, Citrus, Columbia, Dixie, Franklin, Gilchrist, Hamilton, Hernando, Hillsborough, Jefferson, Lafayette, Leon, Levy, Madison, Manatee, Marion, Pasco, Pinellas, Sumter, Suwannee, Taylor, Union, and Wakulla.

Property and Casualty Contracts

Any provisions, notice, correspondence, or law that requires an insured to perform an act on or after September 1, 2023, must be extended to October 31, 2023. The extension does not apply to new policies effective on or after August 31, 2023. No interest, penalties, or other charges will accrue or be assessed as the result of the extensions. Interest that is owed pursuant to premium financing plans with premium finance companies or insurers or their affiliates may be assessed.
Between September 1, 2023, and October 31, 2023, no insurer 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 Florida, except at the written request or written concurrence of the policyholder.
All notices of cancellation issued or mailed within 10 calendar days preceding September 1, 2023, must be withdrawn and reissued to insureds on or after October 31, 2023.
A notice of cancellation or nonrenewal that would have taken effect between September 1, 2023, and October 31, 2023, is not invalid; however, the insurer must extend the coverage to October 31, 2023, and the premium for the extended coverage must be the pro rata portion of the premium for the entire term of the policy.
An insurer may not cancel or nonrenew a personal residential or commercial residential property insurance policy covering property damaged as a result of Hurricane Idalia located in any one of the affected counties (Alachua, Baker, Bradford, Citrus, Columbia, Dixie, Franklin, Gilchrist, Hamilton, Hernando, Hillsborough, Jefferson, Lafayette, Leon, Levy, Madison, Manatee, Marion, Pasco, Pinellas, Sumter, Suwannee, Taylor, Union and Wakulla) for a period of 90 days after the dwelling has been repaired. This applies to all insurers including surplus lines.
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 analyzing current procedures and streamlining claim payment processes as well as using latest technological advances provide prompt claim service.
The OIR also expects 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. 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.