Florida Senate - 2024                             CS for SB 1104
       
       
        
       By the Committee on Judiciary; and Senator Bradley
       
       
       
       
       
       590-02908-24                                          20241104c1
    1                        A bill to be entitled                      
    2         An act relating to policy cancellations and
    3         nonrenewals by property insurers; amending s.
    4         626.9201, F.S.; prohibiting insurers from canceling
    5         and nonrenewing, within certain timeframes, policies
    6         covering personal residential or commercial
    7         residential properties damaged by hurricanes or wind
    8         losses; providing exceptions; providing construction;
    9         authorizing the Financial Services Commission to adopt
   10         rules and the Commissioner of Insurance Regulation to
   11         issue orders; requiring that certain policies contain
   12         similar terms under certain circumstances; amending s.
   13         627.4133, F.S.; prohibiting insurers from canceling
   14         and nonrenewing, within certain timeframes, policies
   15         covering personal residential or commercial
   16         residential properties damaged by hurricanes or wind
   17         losses; providing that such prohibition applies to
   18         flood damages caused by hurricanes under certain
   19         circumstances; revising exceptions; providing
   20         construction; requiring that certain policies contain
   21         similar terms under certain circumstances; providing
   22         an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (c) is added to subsection (2) of
   27  section 626.9201, Florida Statutes, to read:
   28         626.9201 Notice of cancellation or nonrenewal.—
   29         (2) An insurer issuing a policy providing coverage for
   30  property, casualty, surety, or marine insurance must give the
   31  named insured written notice of cancellation or termination
   32  other than nonrenewal at least 45 days before the effective date
   33  of the cancellation or termination, including in the written
   34  notice the reasons for the cancellation or termination, except
   35  that:
   36         (c)An insurer may not cancel or nonrenew a personal
   37  residential or commercial residential property insurance policy
   38  covering a dwelling or residential property located in this
   39  state:
   40         1.For a period of 90 days after the dwelling or
   41  residential property has been repaired, if such property has
   42  been damaged as a result of a hurricane or wind loss that is the
   43  subject of the declaration of emergency pursuant to s. 252.36
   44  and the filing of an order by the Commissioner of Insurance
   45  Regulation. Damage under this subsection includes flood damage
   46  caused by a hurricane if flood is a covered peril under the
   47  personal residential or commercial residential property
   48  insurance policy. If flood is not a covered peril under the
   49  commercial property insurance policy and the property has been
   50  damaged as a result of flood caused by a hurricane, an insurer
   51  may not cancel or nonrenew the personal residential or
   52  commercial residential property insurance policy until the
   53  earlier of when the property has been repaired or 18 months
   54  after the date of loss.
   55         2.However, an insurer or agent may cancel or nonrenew such
   56  a policy before the repair of the dwelling or residential
   57  property:
   58         a.Upon 10 days’ notice for nonpayment of premium; or
   59         b.Upon 45 days’ notice:
   60         (I)For a material misstatement or fraud related to the
   61  claim;
   62         (II)If the insurer determines that the insured has
   63  unreasonably caused a delay in the repair of the dwelling; or
   64         (III)If the insurer has paid the policy limits for a loss
   65  to the insured dwelling under a personal residential property
   66  insurance policy, or policy limits for a loss to each insured
   67  structure that was damaged under a commercial residential
   68  property insurance policy.
   69         3.If the insurer elects to nonrenew a policy covering a
   70  property that has been damaged, the insurer must provide at
   71  least 90 days’ notice to the insured that the insurer intends to
   72  nonrenew the policy 90 days after the dwelling or residential
   73  property has been repaired. This subsection does not prevent the
   74  insurer from canceling or nonrenewing the policy 90 days after
   75  the repairs are complete for the same reasons the insurer would
   76  otherwise have canceled or nonrenewed the policy but for the
   77  limitations of this subsection. The commission may adopt rules,
   78  and the Commissioner of Insurance Regulation may issue orders,
   79  necessary to implement this subsection.
   80         4.For purposes of this subsection:
   81         a.A structure is deemed to be repaired when the following
   82  persons have inspected and certified or attested to the
   83  completion of the repairs:
   84         (I)A home inspector licensed under s. 468.8314;
   85         (II)A building code inspector certified under s. 468.607;
   86         (III)A general, building, or residential contractor
   87  licensed under s. 489.111;
   88         (IV)A professional engineer licensed under s. 471.015; or
   89         (V)A professional architect licensed under s. 481.213.
   90         b.If a policy is extended or renewed to comply with this
   91  subsection or with any other provision of the Commissioner of
   92  Insurance Regulation’s order, the policy must contain similar
   93  policy terms as the policy being extended or renewed. However,
   94  this subsection does not impact current law with regard to the
   95  rates insurers may charge for policies extended or renewed under
   96  this subsection.
   97         c.Flood damage that is not communicated to the insurer and
   98  the agent of the insurer before the expiration of the policy is
   99  presumed nonexistent and may not be construed to alter any terms
  100  of a policy, create a separate cause of action, or create any
  101  additional duty on the part of the insurer or an agent of an
  102  insurer to the insured.
  103         5.This subsection does not affect the provisions of s.
  104  95.11 or s. 627.70132.
  105         6.This paragraph is not intended to revise or modify any
  106  provision of an emergency order issued by the office before July
  107  1, 2024.
  108         Section 2. Paragraph (e) of subsection (2) of section
  109  627.4133, Florida Statutes, is amended to read:
  110         627.4133 Notice of cancellation, nonrenewal, or renewal
  111  premium.—
  112         (2) With respect to any personal lines or commercial
  113  residential property insurance policy, including, but not
  114  limited to, any homeowner, mobile home owner, farmowner,
  115  condominium association, condominium unit owner, apartment
  116  building, or other policy covering a residential structure or
  117  its contents:
  118         (e)1. An authorized insurer may not cancel or nonrenew a
  119  personal residential or commercial residential property
  120  insurance policy covering a dwelling or residential property
  121  located in this state:
  122         a. For a period of 90 days after the dwelling or
  123  residential property has been repaired, if such property has
  124  been damaged as a result of a hurricane or wind loss that is the
  125  subject of the declaration of emergency pursuant to s. 252.36
  126  and the filing of an order by the Commissioner of Insurance
  127  Regulation. Damage under this sub-subparagraph includes flood
  128  damage caused by a hurricane if flood is a covered peril under
  129  the personal residential or commercial residential property
  130  insurance policy. If flood is not a covered peril under the
  131  personal residential or commercial residential property
  132  insurance policy and the property has been damaged as a result
  133  of flood caused by a hurricane, an insurer may not cancel or
  134  nonrenew the personal residential or commercial residential
  135  property insurance policy until the earlier of when the property
  136  has been repaired or 18 months after the date of loss.
  137         b. Until the earlier of when the dwelling or residential
  138  property has been repaired or 1 year after the insurer issues
  139  the final claim payment, if such property was damaged by any
  140  covered peril and sub-subparagraph a. does not apply.
  141         2. However, an insurer or agent may cancel or nonrenew such
  142  a policy before prior to the repair of the dwelling or
  143  residential property:
  144         a. Upon 10 days’ notice for nonpayment of premium; or
  145         b. Upon 45 days’ notice:
  146         (I) For a material misstatement or fraud related to the
  147  claim;
  148         (II) If the insurer determines that the insured has
  149  unreasonably caused a delay in the repair of the dwelling; or
  150         (III) If the insurer has paid policy limits for a loss to
  151  the insured dwelling under a personal residential policy, or
  152  policy limits for a loss to each insured structure that was
  153  damaged under a commercial residential policy.
  154         3. If the insurer elects to nonrenew a policy covering a
  155  property that has been damaged, the insurer must shall provide
  156  at least 90 days’ notice to the insured that the insurer intends
  157  to nonrenew the policy 90 days after the dwelling or residential
  158  property has been repaired. Nothing in This paragraph does not
  159  shall prevent the insurer from canceling or nonrenewing the
  160  policy 90 days after the repairs are complete for the same
  161  reasons the insurer would otherwise have canceled or nonrenewed
  162  the policy but for the limitations of subparagraph 1. The
  163  Financial Services Commission may adopt rules, and the
  164  Commissioner of Insurance Regulation may issue orders, necessary
  165  to implement this paragraph.
  166         4. This paragraph is not intended to revise or modify any
  167  provision of an emergency order issued by the office before July
  168  1, 2024 This paragraph shall also apply to personal residential
  169  and commercial residential policies covering property that was
  170  damaged as the result of Hurricane Ian or Hurricane Nicole.
  171         5. For purposes of this paragraph:
  172         a. A structure is deemed to be repaired when the following
  173  persons have inspected and certified or attested to the
  174  completion of the repairs:
  175         (I)A home inspector licensed under s. 468.8314;
  176         (II)A building code inspector certified under s. 468.607;
  177         (III)A general, building, or residential contractor
  178  licensed under s. 489.111;
  179         (IV)A professional engineer licensed under s. 471.015; or
  180         (V)A professional architect licensed under s. 481.213
  181  substantially completed and restored to the extent that it is
  182  insurable by another authorized insurer writing policies in this
  183  state.
  184         b. The term “insurer” means an authorized insurer.
  185         c.If a policy is extended or renewed to comply with this
  186  paragraph or with any other provision of the Commissioner of
  187  Insurance Regulation’s order, the policy must contain similar
  188  policy terms as the policy being extended or renewed. However,
  189  this paragraph does not impact current law with regard to the
  190  rates insurers may charge for policies extended or renewed under
  191  this paragraph.
  192         d.Flood damage that is not communicated to the insurer and
  193  the agent of the insurer before the expiration of the policy is
  194  presumed nonexistent and may not be construed to alter any terms
  195  of a policy, create a separate cause of action, or create any
  196  additional duty on the part of the insurer or an agent of an
  197  insurer to the insured.
  198         6.This paragraph does not affect the provisions of s.
  199  95.11 or. s. 627.70132.
  200         Section 3. This act shall take effect July 1, 2024.