Policyholders, good news.  The Florida Office of Insurance Regulation (FOIR) is looking out for you with this new (October 16, 2024) Emergency Order.  Many Florida homeowners are familiar with hurricanes and dealing with the insurance aftermath.  However, after devastating hurricanes like Michael, Sally, and Ian, many also experienced an attempt by their insurance company to cancel or nonrenew their policy before they had paid all the funds owed to make the hurricane repairs and the repairs remained incomplete.  This new Emergency Order provides a safe harbor for policyholders who suffered damage from Hurricanes Helene and Milton until December 10, 2024.  Here is what the Order does for you:

Read Emergency Order 400386-24

Your Obligation to Provide Information or Pay Premiums Is Tolled to Dec. 10, 2024

A previous Order from the FOIR tolled the time period for policyholders with Hurricane Helene damage in Affected Counties* (listed below) to fulfill obligations under their policies, such as provide information, proofs of loss, sit for examinations under oath, etc., even pay their premiums, until September 26, 2024.  This new Order extends the September 26, 2024 Helene time period to align with the new Hurricane Milton tolling period of December 10, 2024 for the Affected Counties* of both hurricanes.  NOTE: This tolling does not apply to policies issued after September 26, 2024. 

Insurers in Affected Counties* Cannot Cancel or Nonrenew Prior to Dec. 10, 2024

Any insurer of propert(ies) in the Affected Counties* cannot cancel or nonrenew until December 10, 2024.  Any insurer that issued a cancellation or nonrenewal notice within ten (10) days prior to September 26, 2024 must withdraw the notice and re-issue it on or after December 10, 2024.  NOTE: A policy may be cancelled during this timeframe at the written request of the policyholder. 

Insurers in Affected Counties* Cannot Cancel or Nonrenew Until 90 Days After Hurricane Repairs Are Made

The Emergency Order prohibits the cancellation or nonrenewal of a personal residential or commercial residential property insurance policy covering property damaged as a result of Hurricanes Helene or Milton for a period of ninety (90) days after the covered damage has been repaired.  Meaning, if your home was damaged by Hurricanes Helene or Milton and your repairs remain incomplete—likely because you have not received enough funds from your insurance company yet to pay for the repairs—your insurer cannot cancel or nonrenew your policy until 90 days after your repairs have been completed. 

Insurers Are Required to Enact Procedures for the Efficient Payment of Claims

The Order also requires insurers to implement policies and procedures to ensure the efficient payment of Hurricane Helene and Milton claims.  This provision furthers supports the New Florida Emergency Rule on which we recently reported that requires transparency and expediency by insurers in their handling and adjustment of Hurricane Milton claims.  Moves like this by the FOIR show they are becoming more and more aware of the games insurance companies have been playing to avoid their obligations to pay claims timely and in full.  Emergency Order 400386-24 is in effect for 120 days unless terminated earlier by the Commissioner.

* Affected Counties

Hurricane Helene Affected Counties:

Alachua, Charlotte, Citrus, Columbia, Dixie, Gadsden, Gilchrist, Gulf, Franklin, Hamilton, Hernando, Hillsborough, Jefferson, Lafayette, Lee, Leon, Levy, Liberty, Madison, Manatee, Pasco, Pinellas, Sarasota, Suwannee, Taylor, and Wakulla.

Hurricane Milton Affected Counties:

Brevard, Charlotte, Citrus, Clay, Collier, DeSoto, Duval, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Marion, Martin, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia.

Insurance is Complicated.  If you Need Help, Contact Us

Our experienced and dedicated team has been helping homeowners with their hurricane claims as far back as Hurricane Opal in 1995.  We are proud of the FOIR and Florida state officials for standing up for policyholders by issuing these important protections.  We stand ready to help homeowners with their Hurricane Milton claims and help the FOIR enforce these new rules that hold insurance companies accountable to their contractual obligations.  If you have questions about how your insurance company is handling your Hurricane Milton claim, do not hesitate to set up a call with one of our attorneys.  We never require any fee, cost, or obligation to answer your questions and make sure you understand your rights.