OIR Issues Claims Manual Emergency Rule
The Florida Office of Insurance Regulation (OIR) has issued emergency rule 69O-ER-23-2 adopting forms to be used by residential property insurers certifying and submitting claims manuals.
The Florida legislature specified in SB 7052 (now Chapter Law 2023-172) that residential property insurers must annually certify they maintain claims manuals meeting certain statutory standards. Insurers also must submit their claims manuals to the OIR upon request. The new law grants emergency rulemaking authority to the OIR for the adoption of forms to be used with these submissions.
The first deadline under the new law is August 1, 2023, by which each authorized residential property insurer must attest it maintains a manual meeting the statutory requirements. The OIR has adopted form OIR-B3-495 for this purpose. Insurers thereafter will be required to submit updated attestations annually by May 1.
Additionally, a residential property insurer will be required to submit its manual to the OIR within five days of a request. The OIR has adopted OIR-B3-496 for an insurer to use when responding to such a request.
As is customary in Florida administrative law, the emergency rules are expected to be replaced by permanent rules in the coming months.