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. Anauthorizedinsurer 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 inThis paragraph does not 138shallprevent 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.