CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - MONDAY, DECEMBER 2, 2024

Florida Enacts Property Insurance Overhaul for Benefit of Policyholders

Pen resting on insurance policy

Unlike prior legislative reform, the Act is designed to moderate the claims-handling process and provide greater insurer oversight by the OIR.

July 5, 2023
Laura Farrant & Bradley S. Fischer - Lewis Brisbois

Fort Lauderdale, Fla. (June 13, 2023) – On June 1, 2023, Governor Ron DeSantis signed into law CS/SB 7052 (the Act), increasing consumer protection and insurer accountability in Florida. The newly enacted and amended statutes under CS/SB 7052 bolster policyholder protections and impose greater insurer oversight, including heightened penalties for insurer misdeeds in the state under a new law that will take effect on July 1, 2023 (this legal alert does not address all of the statutory revisions associated with the Act). As House Speaker Paul Renner noted, “The insurance legislation signed by Governor DeSantis today . . . not only empowers homeowners, but also cultivates market-driven competition, ultimately leading to lower costs.”

Statutory Revisions Regarding Insurance Coverage
The Act prohibits authorized insurers from cancelling or nonrenewing a property insurance policy for a residential property or dwelling that was damaged by any covered peril until the earlier of: (a) when the property has been repaired; or (b) one year after the insurer issues the final claim payment. The Act also expands current law prohibiting authorized insurers from cancelling or nonrenewing a residential property insurance policy until 90 days after repairs are completed for damages resulting from a hurricane or wind loss that is the subject of a state of emergency declared by the Governor and for which the Office of Insurance Regulation (OIR) has issued an emergency order. See Fla. Stat. §627.4133(2)(d)(1)(a) and (b) (Notice of cancellation, nonrenewal, or renewal premium).

Reprinted courtesy of Laura Farrant, Lewis Brisbois and Bradley S. Fischer, Lewis Brisbois

Ms. Farrant may be contacted at Laura.Farrant@lewisbrisbois.com
Mr. Fischer may be contacted at Bradley.Fischer@lewisbrisbois.com


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