Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-189 - WORKERS' COMPENSATION › Section 69O-189.011 - Cancellation - Workers' Compensation Insurance

Current through Reg. 50, No. 138; July 16, 2024
A worker' compensation insurer is required to give thirty
				  days notice of cancellation except when cancellation is for the following
				  reasons:
(1) The policy has been
				rewritten by the same company, with the same effective date; or
(2) Prior to the effective date of the
				policy, the employer had sold his business or otherwise was out of business and
				thereafter had no employees; or
(3)
				The Division of Worker' Compensation, Department of Financial Services
				(hereinafter referred to as the "Division") and the employer were given such
				notice of termination prior to the effective date of the policy.
(4) When the employer sells his business or
				otherwise goes out of business during the effective period of the policy and
				thereafter has no person in his employment covered by the provisions of such
				policy, same may be terminated as of the date the employer ceased having any
				person in his employment by filing such notice of termination with the
				"Division" stating therein the reason for termination, and serving a copy
				thereof upon the employer in person or by mail.
(5) When duplicate or dual coverage exists by
				reason of two (2) different insurers having issued policies to the same
				employer, effective the same date, securing the same liability, as evidenced by
				certificates of insurance on file with the "Division" one (1) of the policies
				may be cancelled as of the date the notice of termination is filed with the
				"Division" and a copy thereof served upon the employer; provided that the
				terminating insurer may effect retroactive cancellation by filing with the
				"Division" a written statement from the other insurer that it assumes full
				liability in connection with the insured from the cancellation date of the
				policy which is to be terminated.
(6) Where duplicate or dual coverage exists
				by reason of two (2) different insurers having issued policies of insurance
				with different effective dates to the same employer, covering the same
				liability, the insurer which was first on the risk may terminate its coverage
				upon the effective date of the later coverage of the other insurer by giving
				notice to the "Division" and to the employer. Where the policy with the later
				effective date has already been terminated by filing official notice of
				termination, it will be presumed that the employer is without coverage in the
				absence of a replacement certificate of insurance.
(7) When an employer is not (no longer)
				required by the Workers' Compensation Law to secure the payment of compensation
				to his employee(s) and the employer has so advised the insurer in writing that
				such coverage is not required by the Act, nor desired, during the remainder of
				the policy period, the insurer may terminate said coverage effective upon
				filing notice of such termination with the "Division" stating therein the
				reason for termination and serving a copy thereof upon the employer in person
				or by mail.
(8) When 45 days notice
				otherwise is required pursuant to section
				627.4133, F.S., and the policy
				has been in effect for 90 days, no such policy shall be cancelled by the
				insurer except when there has been a material misstatement, a nonpayment of
				premium, a failure to comply with underwriting requirements established by the
				insurer within 90 days of the date of effectuation of coverage, or a
				substantial change in the risk covered by the policy or when the cancellation
				is for all insureds under such policies for a given class of
				insureds.
Rulemaking Authority 624.308(1) FS. Law Implemented
					 440.42(2), 624.307(1), 627.4133(2)(b)
					 FS.
New 6-4-92, Formerly
					 4-189.011.