OIR Revises Forms Certification Order
The Florida Office of Insurance Regulation has issued a revised Order numbered 130176-12 relating to exempting certain property and casualty insurance forms from the statutory review and approval process. The new Order replaces Order 126368-12 issued June 25, 2012.
Under the new order, insurance company officials may continue to submit certifications with their form filings to eliminate the need to obtain prior approval. The certification statement has been revised to the following:
I, (name), as (title) of (company name), do hereby certify that this form filing has been thoroughly and diligently reviewed by myself and all appropriate company personnel, as well as company consultants if applicable, and I certify each form contained within this filing is in compliance with all applicable Florida Laws. I acknowledge that, should this certification later be deemed false or inaccurate, (company name) shall be subject to any and all appropriate regulatory actions by the Office of Insurance Regulation.”
This certification differs from the prior version in that it eliminates a reference to applicable Florida Laws including, but not being limited to, statutes, rules, regulations and court decisions. The breadth of this statement and its specific reference to court decisions created some reservations about the scope of the certifications. The new version might alleviate those concerns.
Insurers using the certification process still must include any applicable Notice of Change in Policy Terms. The process also continues to exclude forms for workers’ compensation insurance.