Governor DeSantis signed SB 2D into law that contains increases to the regulation of insurance companies and requires greater transparency of insurers in the state of Florida. With the rash of 2021 and 2022 insurance company insolvencies in the state, and the meltdown of the property insurance market that has left many other insurers in perilous condition, additional measures have been put in place to identify troubled companies, and provide transparency about the causes of insolvencies.

Many of these insolvencies have been domestic companies writing only in Florida or small regional carriers. By giving the department additional tools along with the other property insurance reforms contained in SB 2D and SB 4D which the governor signed into law, the property insurance market in time will start to see some stabilization and relief from the excessive litigation and AOB claims that have brought many Florida insurers to the brink. However these reforms may not be enough to save those already in trouble. The ratings firm Demotech has indicated that up to an additional 25 insurers in the state are facing severe financial crises, especially if they cannot secure adequate reinsurance by July 1, 2022. The result may be further insolvencies.

Among the key elements in the new regulations is the creation of the Property Insurance Stability Unit which will be part of the insurance department. The Unit will be tasked with aiding in detecting and preventing insurer insolvencies in the homeowners and condominium unit owner property insurance market. Insurers that the Department identifies as troubled must be referred to the Unit for enhanced monitoring. The Unit will conduct a targeted market conduct exam on those insurers designated financially unsound and closely monitor financial data for those insurers.

In addition, the Unit is tasked with conducting annual catastrophe stress testing of domestic insurers, updating wind mitigation credits, and reviewing and reporting on the causes of insolvency and business practices of the insurers referred to it by the Rehabilitation And Liquidation Division. Twice a year the Unit will produce a report on the status of the homeowners and condominium owners property insurance market.

In addition, reports will be required to be compiled by the Unit that analyze the reasons behind an insurance company insolvency, and these reports will be made public. The Department already does this to a certain extent and recently released the "post mortem" reports dating back the last 10 years for insolvencies in Florida. Because an insolvency estate takes years to liquidate, and time to sort through the exact reason for the failure, a more hands-on approach by the Unit can speed up the process of examining and revealing why a company failed. Some of the most common reasons for property & casualty insurance insolvencies include inadequate pricing, concentrated exposures to natural disasters such as hurricanes and wildfires, lack of reinsurance, excessive litigation, and fraud.

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