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OIR Issues Emergency Order Following Idalia

OIR Issues Emergency Order Following Idalia

The Florida Office of Insurance Regulation (OIR) has issued an emergency order in the wake of Hurricane Idalia. Emergency Order 315284-23-EO contains prohibitions on cancellation and nonrenewals similar to those following other hurricanes in recent years. 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.

The Emergency Order provides that a time limit imposed on an insured in an affected county for an act that otherwise was to have been performed on or after September 1, 2023, is extended to October 31, 2023. This provision does not apply to policyholders’ claims obligations resulting from Hurricane Idalia. It also does not apply to new policies written on or after August 31, 2023.

Similarly, between September 1, 2023, and October 31, 2023, an insurer cannot cancel or nonrenew (or issue a notice of cancellation or nonrenewal) for insurance covering property or a risk in an affected county, except at the written request or with the written concurrence of the policyholder. Insurers are required to rescind notices of cancellation issued within the 10 days preceding September 1, 2023, and may reissue them on or after October 31, 2023. The Emergency Order also contains more detailed provisions related to policies financed by premium finance companies.

In accordance with Section 627.4133(2)(e)1.a., Florida Statutes, the Emergency Order advises insurers that with limited exceptions, a policy of personal or commercial residential property insurance cannot be canceled or nonrenewed for a period 90 days after the property has been repaired if damaged as a result of Hurricane Idalia.

For life and health insurers, the Emergency Order contains similar provisions extending time limits and precluding the cancellation or nonrenewal of policies until October 31, 2023, in most circumstances. Life and health insurers likewise must withdraw notices of cancellation issued within the 10 days preceding September 1, 2023. Those notices may be reissued on or after October 31, 2023.