Florida Senate - 2024                                    SB 1104
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01583C-24                                           20241104__
    1                        A bill to be entitled                      
    2         An act relating to policy cancellations and
    3         nonrenewals by property insurers; amending s.
    4         627.4133, F.S.; prohibiting insurers from canceling
    5         and nonrenewing within certain timeframes policies
    6         covering commercial properties damaged by hurricanes
    7         and wind losses; providing exceptions; providing
    8         construction; authorizing the Financial Services
    9         Commission to adopt rules and the Commissioner of
   10         Insurance Regulation to issue orders; providing a
   11         definition; requiring commercial property policies to
   12         contain specified terms under certain circumstances;
   13         prohibiting eligible surplus lines insurers from
   14         canceling and nonrenewing within certain timeframes
   15         policies covering dwellings and residential properties
   16         damaged by hurricanes and wind losses; providing that
   17         such prohibition applies to flood damages caused by
   18         hurricanes; providing exceptions; revising the
   19         definition of the term “insurer” to include eligible
   20         surplus lines insurers; requiring personal lines and
   21         commercial residential property policies to contain
   22         specified terms under certain circumstances; providing
   23         an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraph (e) of subsection (2) of section
   28  627.4133, Florida Statutes, is amended, and paragraph (e) is
   29  added to subsection (1) of that section, to read:
   30         627.4133 Notice of cancellation, nonrenewal, or renewal
   31  premium.—
   32         (1) Except as provided in subsection (2):
   33         (e)1.An insurer may not cancel or nonrenew a property
   34  insurance policy covering a commercial property located in this
   35  state:
   36         a.For a period of 90 days after the commercial property
   37  has been repaired, if such property has been damaged as a result
   38  of a hurricane or wind loss that is the subject of the
   39  declaration of emergency pursuant to s. 252.36 and the filing of
   40  an order by the Commissioner of Insurance Regulation. Damage
   41  under this sub-subparagraph includes flood damage caused by a
   42  hurricane if flood is a covered peril under the commercial
   43  property policy or under a separate flood insurance policy. If
   44  flood is not a covered peril under the commercial property
   45  policy or under a separate flood insurance policy and the
   46  property has been damaged as a result of flood caused by a
   47  hurricane, an insurer may not cancel or nonrenew the commercial
   48  property policy until the earlier of when the property has been
   49  repaired or 1 year after the date of loss.
   50         b.Until the earlier of when the commercial property has
   51  been repaired or 1 year after the insurer issues the final claim
   52  payment, if such property was damaged by any covered peril and
   53  sub-subparagraph a. does not apply.
   54         2.However, an insurer or agent may cancel or nonrenew such
   55  a policy prior to the repair of the commercial property:
   56         a.Upon 10 days’ notice for nonpayment of premium; or
   57         b.Upon 45 days’ notice:
   58         (I)For a material misstatement or fraud related to the
   59  claim;
   60         (II)If the insurer determines that the insured has
   61  unreasonably caused a delay in the repair of the dwelling; or
   62         (III)If the insurer has paid the policy limits for a loss
   63  to each insured structure that was damaged.
   64         3.If the insurer elects to nonrenew a policy covering a
   65  commercial property that has been damaged, the insurer shall
   66  provide at least 90 days’ notice to the insured that the insurer
   67  intends to nonrenew the policy 90 days after the commercial
   68  property has been repaired. This paragraph does not prevent the
   69  insurer from canceling or nonrenewing the policy 90 days after
   70  the repairs are complete for the same reasons the insurer would
   71  otherwise have canceled or nonrenewed the policy but for the
   72  limitations of subparagraph 1. The Financial Services Commission
   73  may adopt rules, and the Commissioner of Insurance Regulation
   74  may issue orders, necessary to implement this paragraph.
   75         4.For purposes of this paragraph:
   76         a.A structure that is currently insured by an authorized
   77  insurer is deemed to be repaired when substantially completed
   78  and restored to the extent that it is insurable by another
   79  authorized insurer writing policies in this state. A structure
   80  that is currently insured by a surplus lines insurer is deemed
   81  to be repaired when substantially completed and restored to the
   82  extent that it is insurable by another authorized insurer or
   83  eligible surplus lines insurer writing policies in this state.
   84         b.The term “insurer” means an authorized insurer or an
   85  eligible surplus lines insurer.
   86         c.If a policy is extended or renewed to comply with this
   87  paragraph or with any other provision of the Commissioner of
   88  Insurance Regulation’s order, it must contain the same policy
   89  terms as the policy being extended or renewed.
   90         (2) With respect to any personal lines or commercial
   91  residential property insurance policy, including, but not
   92  limited to, any homeowner, mobile home owner, farmowner,
   93  condominium association, condominium unit owner, apartment
   94  building, or other policy covering a residential structure or
   95  its contents:
   96         (e)1. An authorized insurer may not cancel or nonrenew a
   97  personal residential or commercial residential property
   98  insurance policy covering a dwelling or residential property
   99  located in this state:
  100         a. For a period of 90 days after the dwelling or
  101  residential property has been repaired, if such property has
  102  been damaged as a result of a hurricane or wind loss that is the
  103  subject of the declaration of emergency pursuant to s. 252.36
  104  and the filing of an order by the Commissioner of Insurance
  105  Regulation. Damage under this sub-subparagraph includes flood
  106  damage caused by a hurricane if flood is a covered peril under
  107  the personal residential or commercial residential property
  108  insurance policy or under a separate flood insurance policy. If
  109  flood is not a covered peril under the personal residential or
  110  commercial residential property policy or under a separate flood
  111  insurance policy and the property has been damaged as a result
  112  of flood caused by a hurricane, an insurer may not cancel or
  113  nonrenew the personal residential or commercial residential
  114  property policy until the earlier of when the property has been
  115  repaired or 1 year after the date of loss.
  116         b. Until the earlier of when the dwelling or residential
  117  property has been repaired or 1 year after the insurer issues
  118  the final claim payment, if such property was damaged by any
  119  covered peril and sub-subparagraph a. does not apply.
  120         2. However, an insurer or agent may cancel or nonrenew such
  121  a policy prior to the repair of the dwelling or residential
  122  property:
  123         a. Upon 10 days’ notice for nonpayment of premium; or
  124         b. Upon 45 days’ notice:
  125         (I) For a material misstatement or fraud related to the
  126  claim;
  127         (II) If the insurer determines that the insured has
  128  unreasonably caused a delay in the repair of the dwelling; or
  129         (III) If the insurer has paid policy limits for a loss to
  130  the insured dwelling under a personal residential policy, or
  131  policy limits for a loss to each insured structure that was
  132  damaged under a commercial residential policy.
  133         3. If the insurer elects to nonrenew a policy covering a
  134  property that has been damaged, the insurer shall provide at
  135  least 90 days’ notice to the insured that the insurer intends to
  136  nonrenew the policy 90 days after the dwelling or residential
  137  property has been repaired. Nothing in This paragraph does not
  138  shall prevent the insurer from canceling or nonrenewing the
  139  policy 90 days after the repairs are complete for the same
  140  reasons the insurer would otherwise have canceled or nonrenewed
  141  the policy but for the limitations of subparagraph 1. The
  142  Financial Services Commission may adopt rules, and the
  143  Commissioner of Insurance Regulation may issue orders, necessary
  144  to implement this paragraph.
  145         4. This paragraph shall also apply to personal residential
  146  and commercial residential policies covering property that was
  147  damaged as the result of Hurricane Ian or Hurricane Nicole.
  148         5. For purposes of this paragraph:
  149         a. A structure that is currently insured by an authorized
  150  insurer is deemed to be repaired when substantially completed
  151  and restored to the extent that it is insurable by another
  152  authorized insurer writing policies in this state. A structure
  153  that is currently insured by a surplus lines insurer is deemed
  154  to be repaired when substantially completed and restored to the
  155  extent that it is insurable by another authorized insurer or
  156  eligible surplus lines insurer writing policies in this state.
  157         b. The term “insurer” means an authorized insurer or an
  158  eligible surplus lines insurer.
  159         c.If a policy is extended or renewed to comply with this
  160  paragraph or with any other provision of the Commissioner of
  161  Insurance Regulation’s order, it must contain the same policy
  162  terms as the policy being extended or renewed.
  163         Section 2. This act shall take effect July 1, 2024.