A cancellation or nonrenewal may occur before November 28, 2022, at the written request or written concurrence of the policyholder.

Cancellations or nonrenewals other than those listed above that would have taken effect between September 28, 2022, and November 28, 2022, are not made invalid by this emergency rule. However, those cancellations and nonrenewals shall be extended to November 28, 2022, or a later date specified by the insurer, and the premium for that extended coverage period shall be the appropriate prorated portion of premium for the policy term.

This does not apply to new policies effective on or after September 28, 2022.

Premium Finance Companies

For policies financed by premium finance companies, the premium finance company may issue advisory ten-day notices of intent to cancel; notices must include the following statement which provides an extension to victims of Hurricane Ian:

"If you have been displaced through the loss of your home or damage to your home which has caused you to reside elsewhere on a temporary basis, or if you have temporarily become unemployed due to the destruction caused by Hurricane Ian, please contact this office at once. Victims of Hurricane Ian shall receive an automatic extension of time to and including November 28, 2022, to bring their accounts up to date and no late charges shall be applied to any late payments received which were due on their accounts between September 28, 2022, and November 28, 2022.

Therefore, if you are a victim of Hurricane Ian, please contact us at once at the number provided at the bottom of this notice so that we may advise you of the status of your account. If you decide that you no longer need or desire to keep the coverage provided by the insurance policy financed by your contract with us, please contact us at once so that we may instruct you on how to effect cancellation with your insurer."

If a premium finance company loan is in default at the end of the grace period, the company is to give proper notice by issuing a ten-day notice of intent cancel, and if the insured does not bring the loan current within that time period, the finance company may mail a request to cancel the policy to the insurer. Upon receipt of such cancellation after November 28, 2022, the insurer shall process the cancellation. If a claim has been received by the insurer, the amount owed the premium finance company shall be offset from the first claim payment made under the policy. Late charges may not be assessed for insureds qualifying for this extension.

Cancellation/Nonrenewal after Repair

An insurer may not cancel or nonrenew a personal residential or commercial residential property policy coverage property damaged by Hurricane Ian for ninety days after the dwelling has been repaired except as under Section 627.4133(2)(d)2., of Florida Statutes. That statute is as follows:

2. However, an insurer or agent may cancel or nonrenew such a policy prior to the repair of the dwelling or residential property:

a. Upon 10 days' notice for nonpayment of premium; or b. Upon 45 days' notice:

(I) For a material misstatement or fraud related to the claim; (II) If the insurer determines that the insured has unreasonably caused a delay in the repair of the dwelling; or (III) If the insurer has paid policy limits.

Life and Health Contracts

Similar grace periods are provided for  life and health contracts. Please refer to the order for that information. y

Deemer Period

The deemer period, by which applications, filings or documents required to be filed with the Office of Insurance Regulation which would be deemed approved if not otherwise approved or denied within a specific time period shall be tolled for a period starting on September 28, 2022, and ending on November 28, 2022. Any time period within the Code in which the office is required to take action is also tolled for that same time period.

Filings

The Office will continue to accept "file and use filings" but "use and file filings" are suspended. Notwithstanding the "use and filing" provisions in statute, all rate changes with the Office having an effective date for new or renewal business on or after September 28, 2022, shall be subject to the approval of the Office before implementation until November 28, 2022.

Any "use and file" rate changes implementing new rates without an official filing to the Office shall be withdrawn from use and the previous rate shall be reinstated immediately.

Other Provisions

Insurers are to implement processes and procedures to effect efficient payment of claims. Insurers are permitted to pay claims by debit card or other forms of electronic payment upon written authorization of the recipient or the recipient's representative. Because of possible mail delays or stoppages, the requirement for written authorization is waived provided the insurer verifies the identity of the insured or insured's recipient and does not charge a fee for the transaction. If funds are misdirected, the insurer remains liable for payment of the claim.

The Order may be amended if necessary. The provisions of the Order shall be liberally construed to effectuate the intent and purposes of the Order and to afford maximum consumer protection.

CAT Claims Reporting Requirements

The department issued notice on September 28, 2022, regarding required reporting of catastrophe claims to the department. The Simplified 2022 Catastrophe Reporting Form (CRF) should be submitted through the Insurance Regulation Filing System (IRFS). Reporting is required daily, and must be submitted by 12 p.m. ET including Saturday and Sunday October 1 and 2. The CRF template is available through IRFS here. Other resources can be found here.

Insurers required to report Hurricane Ian data are as follows:

FIRE; ALLIED LINES; FARMOWNERS MULTI-PERIL; HOMEOWNERS MULTI-PERIL; COMMERCIAL MULTI-PERIL; PRIVATE FLOOD; OCEAN MARINE; INLAND MARINE; PPA PHYSICAL DAMAGE; COMMERCIAL AUTO PHYSICAL DAMAGE; AIRCRAFT; GLASS; BOILER AND MACHINERY; INDUSTRIAL FIRE; INDUSTRIAL EXTENDED COVERAGE; MOBILE HOME MULTI-PERIL; MOBILE HOME PHYSICAL DAMAGE; MULTI-PERIL CROP; SURPLUS LINES FEDERALLY AUTHORIZED; and SURPLUS LINES PROPERTY AND CASUALTY.

• Insurers are to submit their CRF on an individual insurer basis only.
• Insurers with no policies in force in Florida, or have policies in force but no claims, they are required to submit a "No Data" filing.
• "No Data" filings are only required for the initial reporting notice. A company reporting policies in force in Florida must submit "Data" filings once claims are received.
• Reporting is cumulative and must include all claims as of the reporting date.
• Each insurer must download a new template.

Questions should be directed to: [email protected] or call (850) 413-3147.