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The Florida Legislature adopted HB 1185 during the 2023 legislative session. The bill has been presented to Governor Ron DeSantis for approval or veto. The bill’s consumer protection provisions are not limited to the insurance industry. However, several relate directly to insurers or insurance-related organizations. The following are among the key insurance-related changes in the […]
The new year brings the initial reporting period for a new closed claim reporting obligation applicable to residential property insurers. In the 2021 legislative session, the Florida Legislature adopted SB 76 which, among other things, amends Section 624.424 pertaining to insurers’ annual statements. The new requirement specifies that beginning January 1, 2022, each authorized residential […]
Florida’s requirements relating to appointments can be confusing. Here’s a quick summary of the individuals or entities who can make appointments under the insurance code: Insurance companies can appoint agents and insurance company employee adjusters. Licensed and appointed general lines agents can appoint customer representatives, crop hail and multi-peril crop agents. Adjusting firms can appoint […]
With hurricane season now being only a month away, the Florida Department of Financial Services (DFS) has taken the opportunity to remind licensees of unique claims adjusting requirements that apply during states of emergency. The Governor typically will declare a “state of emergency” during a hurricane affecting Florida. Among other things, the declaration of an emergency invokes […]
The Florida Department of Financial Services (DFS) recently issued a reminder to public adjusters to avoid conflicts of interest while performing the duties under their license. DFS pointed to section 626.8795, Florida Statutes, in advising public adjusters that they may not: participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the […]
The Florida Department of Financial Services reminds adjusting firms that the primary adjuster law requires each person operating an adjusting firm, and each location of a multiple location adjusting firm, to designate a primary adjuster for each such firm or location. The law defines a primary adjuster as the licensed adjuster who is responsible for the hiring […]
The Fourth District Court of Appeal recently issued three opinions that compound the concerns of insurers dealing with increased claims costs due to assignments of benefits. This latest setback follows an earlier decision of the Fifth DCA rejecting an insurer’s argument that post-loss assignments should be prohibited based on a contractor’s not having an insurable […]
Citizens Property Insurance Corporation, Florida Legislature, OIR, public adjuster, Insurance Regulation
As with prior legislative sessions, the 2014 session began with a variety of competing proposals affecting Citizens Property Insurance Corporation, many of which were intended to continue efforts to significantly reduce the size of the residual market. However, by the end of the session, the more ambitious proposals such as allowing surplus lines insurers to […]
Jeffrey H. Atwater v. Frederick W. Kortum, Case No. SC11-133 (Fla. 2012). On July 5, 2012, the Supreme Court of Florida affirmed a decision by the Florida First District Court of Appeal that the statutory ban on public adjusters initiating contact with a claimant within 48 hours of an event that may be the subject […]
